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Madras High CourtCRL OP(MD)/8126/2022ordered

R. Prabhu v. The Inspector Of Police

2022-05-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH

1. R.Prabhu,

2. Jeyalakshmi ... Petitioners/Accused Rank Not known Vs THE STATE REP BY, The Inspector of Police, S.S. Colony Police Station, Madurai City (*)Crime No.765 of 2022.

... Respondent/Complainant For Petitioners : MR.V.Muthukamatchi, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.765 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections(*)294 (b) and 506(i) of I.P.C., in Crime No.765 of 2022, on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.

3.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no one sustained injuries in the said occurrence.

4.Considering the fact that no one sustained injuries in the said occurrence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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 No.V, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

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

[e]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]. sd/- 06/05/2022 (*)Amended as per order of this court dated 06.05.2022 in CRL.MP(MD).No.5808 of 2022 in CRL OP(MD)No. 8126 of 2022.

/ TRUE COPY / 13/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V.

MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3 THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI CITY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ` +1 CC toM/s.V.MUTHUKAMATCHI, Advocate (SR-4452[I] dated 06/05/2022 )

ORDER

IN CRL OP(MD) No.8126 of 2022 Date :06/05/2022 PKP/PN/SAR-4/13.05.2022/3P/6C 3/3