Mani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3515 of 2016 1 MANI 2 TAMIL 3 SATHAM ..PETITIONERS/ACCUSED NOS.3,5 AND 6 Vs.

THE STATE REP.BY INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

(CRIME NO. 47 / 2016) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.VINAYAGAM Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.47 of 2016, on the file of the respondent police for offences under Sections 341, 294(b), 147, 148, 324, 323, 506(ii) IPC, the petitioners are now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that A1 and A2 have been arrested and released on bail and there are no previous case against the petitioners and these petitioners are A3, A5 and A6 respectively.

It is submitted that the injured has been discharged from the hospital. 4.Taking into consideration the nature of the allegation against the petitioners and the injured has been discharged from the hospital, this Court is of the view that it is a fit case for grant of anticipatory bail. Accordingly, anticipatory bail is granted, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, on executing a separate bond for 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 https://hcservices.ecourts.gov.in/hcservices/

the satisfaction of the learned Magistrate concerned and on further condition that, [a] the petitioners shall report before the respondent Police everyday at 6.30 p.m. until further orders.

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

[c] the petitioners 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 26/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.11139 akm/04.03.2016/2p-6c/AAL/MPA/AR-I

ORDER

IN CRL OP(MD) No.3515 of 2016 Date :26/02/2016 https://hcservices.ecourts.gov.in/hcservices/