Shahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.628 of 2016 SHAHUL HAMEED ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

(CR.NO.87 / 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.KALAMURUGAPPAN Advocate For Respondent : 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. 87 of 2016, on the file of the respondent police for offences under Sections 294(b) and 506(ii) IPC, the petitioner is 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.It is seen that earlier this petitioner was granted interim anticipatory bail on 12.01.2016. Today, the learned Government Advocate submits that a regular case in Crime No.87 of 2016 has been registered on 09.02.2016 and no one sustained injury. Taking into consideration the nature of the allegations in the complaint and there is no injury to anyone, this Court is of the view that it is a fit case for grant of anticipatory bail to the petitoner. Accordingly, anticipatory bail is granted to the petitioner, but with conditions.

4. Accordingly, the petitioner 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, Periyakulam, Theni, 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 petitioner shall report before the respondent Police every day at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner is complying with the condition or not. sd/- 10/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM, THENI DISTRICT 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S M.KALAMURUGAPPAN Advocate SR.No.8019.

ORDER

IN CRL OP(MD) No.628 of 2016 Date :10/02/2016 AM/12.02.2016/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/