Valanadu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.KALAIYARASAN CRL OP(MD) No.7987 of 2016 VALANADU ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION MADURAI DISTRICT CR.NO.237/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.VIJAYA SETHUPATHY Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) For Intervener : MR.M.VIVEKANANDAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of I.P.C., in Crime No.237 of 2016, on the file of the respondent Police, seeks anticipatory bail.

2. Heard both sides.

3. The learned Government Advocate (criminal side) submitted that the injured has been discharged from hospital. 4.Taking into consideration the above fact and also considering the fact that except the offence under Section 506(i) IPC, the other offences are bailable, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner. Accordingly, he 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, Melur on condition that 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(i) the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of one month and thereafter he shall report before the learned Judicial Magistrate, Melur once in a week for a period of one month i.e., on every Monday at 10.30 a.m.

ii)the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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].

sd/- 11/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION MADURAI DISTRICT.

+1. CC to M/S V.VIJAYA SETHUPATHY Advocate SR.No.26250 RG.MP/SAR-I 12.05.2016 2P.6C

ORDER

IN CRL OP(MD) No.7987 of 2016 Date :11/05/2016 https://hcservices.ecourts.gov.in/hcservices/