Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4215 of 2016 MUTHUKUMAR ... PETITIONER/ACCUSED NO.5 Vs STATE REP BY THE INSPECTOR OF POLICE VATTATHIKKOTTAI POLICE STATION, THANJAVUR DISTRICT, CR NO.7 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.DEENADHAYALAN 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.7 of 2016, on the file of the respondent police for offences under Sections 147, 148, 294(b), 323, 342, 324 and 506(ii) 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 the co-accused had already been granted anticipatory bail by the Principal District Judge, Thanjavur in Crl.M.P.No.274 of 2016 dated 30.01.2016.

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, Pattukottai, 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 petitioner shall report before the respondent Police every day at 6.30 p.m. until further orders.

[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/- 10/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PATTUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR AT KUMBAKONAM 3 THE INSPECTOR OF POLICE VATTATHIKKOTTAI POLICE STATION,THANJAVUR DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.DEENADHAYALAN Advocate SR.No.13688

ORDER

IN CRL OP(MD) No.4215 of 2016 Date :10/03/2016 AA/SKS-RR/SAR-I/15.03.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/