Chandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23101 of 2016 CHANDRAN ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

CR NO. 79 OF 2016.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : Mr.P.KANDASAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 324 and 506(ii) of I.P.C in Crime No.79 of 2016 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned for the petitioner and the learned Government Advocate(Crl. Side) for the respondent. 3.The case of the prosecution is that the petitioner along with other accused abused the defacto complainant and attacked her with deadly weapon.

4.The learned Government Advocate(Crl. Side) on instructions would submit that the petitioner is not named in the F.I.R and F.I.R was registered against one Murugan and ten other unnamed persons. He further submitted that the injured had been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Kulithalai, Karur District, on condition that the petitioner shall execute a bond for https://hcservices.ecourts.gov.in/hcservices/

a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 08/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KUZHITHALAI, KARUR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KARUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.80252 ORDER IN CRL OP(MD) No.23101 of 2016 Date :08/12/2016 PBK/SS-3/SAR-II 15/12/2016 ::2P-6C:

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