Kasi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5378 of 2016 1 KASI 2 SANGIAH ... PETITIONERS/ACCUSED No. 1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, VADIPATTI, MADURAI DISTRICT.
CR.NO. 149 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.MAHESHWARI 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 :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294b, 324 and 506(ii) I.P.C., in Crime No.149 of 2016, on the file of the respondent Police, seek anticipatory bail.
2. Heard Mrs.G.Maheshwari, learned counsel appearing for the petitioners / accused 1 and 2 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital and there is no previous case as against the petitioners / accused 1 and 2, except the present case.
4. Taking into consideration the above facts and the nature of allegations made against the petitioners / accused 1 and 2, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners / accused 1 and 2. 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, Vadipatti, on condition that each of the petitioners / accused 1 and 2 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 https://hcservices.ecourts.gov.in/hcservices/
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 petitioners / accused 1 and 2 shall report before the respondent Police daily at 06.30 p.m., until further orders.
(ii)the petitioners / accused 1 and 2 shall not tamper with evidence or witness either during investigation or trial.
(iii)the petitioners / accused 1 and 2 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 / accused 1 and 2 in accordance with law as if the conditions have been imposed and the petitioners / accused 1 and 2 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/- 29/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,VADIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION,VADIPATTI, MADURAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S G.MAHESHWARI Advocate SR.No.17447
ORDER
IN CRL OP(MD) No.5378 of 2016 Date :29/03/2016 AA/GSV-PM/SAR-I/05.04.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/