Stalin Selvaraj v. The Sub Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3739 of 2016 STALIN SELVARAJ .. PETITIONER/ACCUSED NO.A2 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE, NILAKKOTTAI POLICE STATION, CR NO.83 OF 2016, DINDIGUL DISTRICT.

.. RESPONDENT/COMPLAINANT For Petitioner : M/S S.MUTHALRAJ 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.83 of 2016, on the file of the respondent police for offences under Sections 294(b), 323 and 506(i) IPC, the petitioner is now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that A1 and A3 have already been arrested and there is no previous case against this petitioner.

4.Taking into consideration the nature of the allegation against this petitioner, 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 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, Nilakottai, Dindigul District, 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 the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent Police every day at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

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

sd/- 02/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

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

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

4 THE SUB INSEPCTOR OF POLICE NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT.

+1. CC to MR.NA.PALANIYANDI, Advocate SR.No.11970 akm/04.03.2016/2p-6c/AAL/MPA/SAR-I

ORDER

IN CRL OP(MD) No.3739 of 2016 Date :02/03/2016 https://hcservices.ecourts.gov.in/hcservices/