Madras High CourtCRL OP(MD)/252/2015disposed of

Tamil Selvan v. The Inspector Of Police

2015-01-19Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.252 of 2015 1 TAMIL SELVAN 2 PALANISAMY 3 NITIN KUMAR 4 GUNASEKARAN 5 KARTHICK ... PETITIONERS/ACCUSED 1-4&7 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR, KARUR DISTRICT. CRIME NO. 2/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.S.BALAMURUGAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN 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.2 of 2015, on the file of the respondent police for offence under Sections 147, 148, 448, 294(b), 323, 324 and 506(ii) IPC and Section 4 of Tamil Nadu Women Harassment Act, the petitioners/1 to 4 and 7 are now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that these petitioners on 04.01.2015 trespassed into the land of the defacto complainant and attacked him with deadly weapons and caused injuries to the defacto complainant.

3. The learned Government Advocate (crl. side) would submit that the injured has been discharged from the hospital and there is no previous case against the petitioners.

4. In such circumstances, I am inclined to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Karur on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

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 stay at Trichy and report before the cantonment police station twice a day daily at 10.30 a.m. and 6.30p.m. for a period of two weeks and thereafter 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/- 19/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KARUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3.THE OFFICER-IN-CHARGE CANTONMENT POLICE STATION, TRICHY DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5.THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR, KARUR DISTRICT. +1. CC to M/S.V.S.BALAMURUGAN Advocate SR.No.2685 RL/7C - 22/1/2015

ORDER

IN CRL OP(MD) No.252 of 2015 Date :19/01/2015 https://hcservices.ecourts.gov.in/hcservices/