Zakriya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.751 of 2016 1 ZAKRIYA 2 SABARA ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE SUB INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY.

(CRIME NO. NOT KNOWN OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.SILAMBARASAN 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.14 of 2016, on the file of the respondent police for offences under Sections 294(b), 406, 420 and 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.Initially a petiion enquiry was pending and therefore, this Court by order dated 18.01.2016 had granted interim anticipatory bail to the petitioners.

Today, when the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that a regular case in Crime No.14 of 2016 under Sections 294(b), 406, 420 and 506(i) IPC has been registered against the petitioners. On a reading of the FIR, it is seen that the de-facto complainant is none other than the sister of the 1st petitioner Zakriya and there appears to be a dispute with regard to purchase of a house property. 4.Taking into consideration of the nature of the allegations in the complaint, this Court is of the view that it is a fit case to grant anticipatory bail to the petitioners, but with conditions. https://hcservices.ecourts.gov.

5. 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, No.IV, Trichy, 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 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]. sd/- 01/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV,TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE SUB INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY.

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

+1cc to Mr.M/S M.SILAMBARASAN Advocate Sr.No.

ORDER

IN CRL OP(MD) No.751 of 2016 Date :01/02/2016 AA/GSV-AN/SAR-I/03.02.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/