K. Bakiyaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4995 of 2016 1 K. BAKIYARAJ 2 K. PAPPATHI 3 T. KOKILA 4 S. SASIKALA ... PETITIONERS/ACCUSED 1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VADAMADURAI,DINDIGUL DISTRICT, CR NO. 4 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S ANTONY S.PRABAHAR, Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 498(A), 506(i) I.P.C., and Section 4 of T.N.P.W.H.Act, in Crime No.4 of 2016, on the file of the respondent Police, seeks anticipatory bail.
2. Heard Mr.A.D.Jagadish Chandra, learned counsel appearing for the petitioner / accused 1 to 4 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that this Court, by Order dated 22.03.206, granted interim anticipatory bail to the first petitioner / first accused, on condition that he should hand over all the household articles and other things to the de facto complainant belonging to her, through the respondent Police and granted regular anticipatory bail to the petitioners 2 to 4 / accused 2 to 4.
4. Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal Side) submitted that on 03.04.2016 itself the first petitioner / first accused has handed over the household articles and other things to the de facto complainant belonging to her.
5. In view of the above, this Court is inclined to grant regular anticipatory bail to the first petitioner / first accused. Accordingly, he 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, Vedasandur, on condition that the first petitioner / first accused shall execute a https://hcservices.ecourts.gov.in/hcservices/
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 the learned Magistrate concerned and on further condition that: (i) the first petitioner / first accused shall report before the respondent Police daily at 06.30 p.m., until further orders.
(ii)the first petitioner / first accused shall not tamper with evidence or witness either during investigation or trial.
(iii)the first petitioner / first accused 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 first petitioner / first accused in accordance with law as if the conditions have been imposed and the first petitioner / first accused 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].
6. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the first petitioner is complying with the conditions or not. sd/- 05/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,VEDASANDUR 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,VADAMADURAI,DINDIGUL DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC to M/s.A.D.JAGADISH CHANDRA, Advocate, SR No.18953
ORDER
IN CRL OP(MD) No.4995 of 2016 Date :05/04/2016 krk SH/SKS-RR/SAR-I:06.04.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/