Alavudin v. The Inspecor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7856 of 2016 1 ALAVUDIN 2 A.G. BABU 3 KAMAAL 4 SHEIK 5 HUSSAIN ... PETITIONERS / ACCUSED No.1 to 5 Vs THE STATE REP.BY THE INSPECOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN DISTRICT, CR NO. 66/2016. RESPONDENT/ COMPLAINANT For Petitioner : M/S JEYAPAUL 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.

66 of 2016, on the file of the respondent police for offences under Sections 147, 148, 294(b), 307, 506(ii) and 109 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.It is seen that the injured has been discharged from the hospital and there is no previous case against these petitioners. 4.Taking into consideration the nature of the allegation against these petitioners and the fact that injured has been discharged, 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 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, Srivaikundam, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

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 every day at 06.30 p.m. until further orders. [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 petitioner is complying with the condition or not.

sd/- 04/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN.

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

4 THE INSPECOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN DISTRICT.

+1. CC to M/S JEYAPAUL Advocate SR.No.25981 RG.AAL-MPA/SAR-II 04/05/2016 2P/6C

ORDER

IN CRL OP(MD) No.7856 of 2016 Date :04/05/2016 https://hcservices.ecourts.gov.in/hcservices/