Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4318 of 2016 1 MANIKANDAN 2 SARAVANAKUMAR ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI, CRIME NO NOT KNOWN OF 2016.

... RESPONDENT / COMPLAINANT For Petitioner : M/S M.GURURAJ Advocate For Respondent : MR.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) I.P.C., in Crime No.Not Known of 2016, on the file of the respondent Police, seek anticipatory bail.

2. Heard Mr.M.Gururaj, learned counsel appearing for the petitioners and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) has submitted that the respondent Police, after conducting enquiry, has registered a regular case, in Crime No.275 of 2016, on the complaint lodged by the de facto complainant, under Sections.294(b), 323 and 506(ii) I.P.C. Furthermore, the injured has been discharged from the hospital and there is no previous case as against the petitioners herein except the present case.

4. Taking into consideration the above facts, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners. Accordingly, they 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 No.IV, Madurai, on condition that each of the petitioners shall execute a 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 to the Police Officer, who intends to arrest or to the satisfaction of https://hcservices.ecourts.gov.in/hcservices/

the learned Magistrate concerned and on further condition that: (i) the second petitioner shall report before the respondent Police daily at 06.30 p.m., until further orders and the first petitioner shall report before the respondent Police as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 11/03/2016 (*)Amended as per the order of this Hon'ble Court dated 31.03.2016 and made in Crl.MP(MD)No.2751/2016 in Crl.OP(MD)No.4318/2016 (**)The time for surrender is extended by two weeks from the date of receipt of a copy of the amended copy of the order.

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

TO (*)1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI 4 THE INSPECTOR OF POLICE, SUBRAMANIYAPURAM POLICE STATION, MADURAI.

5 ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to Mr.M.Gururaj, Advocate, SR No.18089 CN/SKN-SK/16.03.2016/2P-5C RG. SK-SKN-AR-I 04.04.2016 2P/7C

ORDER

IN CRL OP(MD) No.4318 of 2016 Date :11/03/2016 https://hcservices.ecourts.gov.in/hcservices/