Ganapathi @ Periyasamy v. The Inspector Of Police
CRL OP(MD). No.480 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.480 of 2022 Ganapathi @ Periyasamy ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Pappanadu Police Station, Thanjavur District.
(Crime No.877 of 2021) ... Respondent/Complainant For Petitioner : Mr.D.R.Murugesan, Advocate.
For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.877 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 109 of IPC r/w 25(1A) of Arms Act, in Crime No.877 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to civil dispute, on 01.11.2021 the accused assembled in the place of occurrence along with weapons conspired to murder one Mani who is the close relative of accused No.5.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Co-accused namely A1, 2 and 4 were arrested and released on bail.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that On secret information the police https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.480 of 2022 party went to the spot and arrested A1, 2 and 4 and the petitioner and other accused were tried to escape from the place of occurrence. There is no previous case against the petitioner.
5. Considering the facts and circumstances of the case and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Orathanadu, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police once in fifteen days at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 11/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PAPPANADU POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.480 of 2022 Date :11/01/2022 TM MK/VR/SAR.II/01.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2