Mayilvaganan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5584 of 2016 1 MAYILVAGANAN 2 VELLAIYAMMAL 3 PANDIYAN 4 VELLAIYAMMAL ... PETITIONERS/ACCUSED NO.1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE SEMPATTIVIDUTHI POLICE STATION, PUDUKKOTAI DISTRICT, CR NO. 11 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.JEGADEESWARAN 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 :- Apprehending arrest at the hands of the respondent police in Crime No.11 of 2016, on the file of the respondent police for offences under Sections 309 altered into 306 IPC, the petitioners are now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.
3. On a reading of the FIR, it is seen that the petitioners are the neighbours of the deceased and during the quarrel, they have abused the deceased. On account of this, the deceased committed suicide by self immolation. It appears that the deceased is a sensitive person.
4. Taking into consideration the nature of the allegations in the FIR, this Court is of the view that it is a fit case for grant of anticipatory bail. Accordingly, anticipatory bail is granted, but with conditions.
5. Accordingly, the petitioner is 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, https://hcservices.ecourts.gov.in/hcservices/
before the learned Judicial Magistrate, Alangudi, on executing a separate 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners 1 and 3 shall report before the respondent Police every day at 6.30 p.m. until further orders. The petitioners 2 and 4 shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.
sd/- 01/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI 2 THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI 3 THE INSPECTOR OF POLICE SEMPATTIVIDUTHI POLICE STATION,PUDUKKOTAI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S R.JEGADEESWARAN Advocate SR.No.18292
ORDER
IN CRL OP(MD) No.5584 of 2016 Date :01/04/2016 AA/AAL-MPA/AR-I/07.04.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/