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Madras High CourtCRL OP(MD)/7171/2016disposed of

Mari, S/O.Vellimuthu, 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.7171 of 2016 1 MARI, 2 MADAN, ... PETITIONERS / ACCUSED NO.1 & 2 Vs State through by THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT, CR.NO.42 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SUBASH BABU 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), 341, 323 and 506(i) I.P.C. in Crime No.42 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.41 of 2016.

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, Paramakudi, 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 further condition that: https://hcservices.ecourts.gov.in/hcservices/ [a] the petitioners shall appear before the respondent police daily 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 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 petitioners are 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.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.SUBASH BABU Advocate SR.No.24599 sm:GSV-PM:SAR I:03.5.2016:2P/6C

ORDER

IN CRL OP(MD) No.7171 of 2016 Date :27/04/2016 https://hcservices.ecourts.gov.in/hcservices/