Madras High CourtCRL OP(MD)/7142/2016ordered

P.Sakthikumar v. The Inspector Of Police

2016-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7142 of 2016 1 P.SAKTHIKUMAR 2 THAMILSELVI 3 DEVI ... PETITIONERS / ACCUSED NO.1 TO 3 Vs STATE THROUGH THE INSPECTOR OF POLICE SIKKAL POLICE STATION RAMANATHAPURAM DISTRICT CRIME NO.28 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MALAIKANI 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.28 of 2016 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned Counsel for the petitioners and the learned Government Advocate(Crl.Side) appearing for the State.

3. The learned Government Advocate (Crl.side) submitted that it is a case and counter and the counter case is in Cr.No.27 of 2016 and the injured has already been discharged from the hospital.

4. Taking into consideration the nature of allegations made in the F.I.R., this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners 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, Muthukulathur, Ramanathapuram District, on condition that each of the petitioner 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on https://hcservices.ecourts.gov.in/hcservices/

further condition that:

[a] the first petitioner shall appear before the respondent police daily at 06.30 p.m. until further orders and the petitioners 2 and 3 shall appear 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 Judicial 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 Judicial 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 learned Government Advocate (Crl.Side) whether the first petitioner is complying with the order or not.

sd/- 27/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSL TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE,SIKKAL POLICE STATION RAMANATHAPURAM DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.MALAIKANI Advocate SR.No.24132

ORDER

IN CRL OP(MD) No.7142 of 2016 Date :27/04/2016 https://hcservices.ecourts.gov.in/hcservices/ GJM/AN/MP/AR-I-3.5.16-2P-6C