V. Veerama Kaliappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5525 of 2016 V. VEERAMA KALIAPPAN ... PETITIONER/ACCUSED No.2 Vs STATE REP BY THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME.NO.356 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.B.SUNDHARESHWAR Advocate For Respondent : Govt. 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 147, 294(b), 324 and 506(i) I.P.C., in Crime No.356 of 2014, on the file of the respondent Police, seeks anticipatory bail.

2. Heard Mr.V.B.Sundhareshwar, learned counsel appearing for the petitioner / second accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that earlier this Court, by Order dated 14.07.2015, in Crl.O.P.(MD) No.13178 of 2015, granted anticipatory bail to the petitioner / second accused. But, he had not produced sureties in time before the Court below and on account of which, the anticipatory bail granted to him got lapsed.

4. The learned Government Advocate (Criminal Side) submitted that on completion of investigation in Crime No.356 of 2014, the respondent Police have filed a final report before the learned Judicial Magistrate, Aranthangi, in C.C.No.219 of 2014.

5. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner / second 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 https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Aranthangi, on condition that the petitioner / second accused 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 the learned Magistrate concerned and on further condition that:

(i) the petitioner / second accused shall report before the respondent Police as and when required for interrogation.

(ii)the petitioner / second accused shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners / second 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 petitioner / second accused in accordance with law as if the conditions have been imposed and the petitioner / second 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 petitioner is complying with the conditions or not.

sd/- 31/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S V.B.SUNDHARESHWAR Advocate SR.No.18040 ORDER IN CRL OP(MD) No.5525 of 2016 Date :31/03/2016 AA/GSV-PM/SAR-I/04.04.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/