Kumaresan v. The Inspector Of Police

CRL OP(MD). No.713 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.713 of 2022 Kumaresan ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

Cr.No. 522 of 2021.

... Respondent/Complainant For Petitioner : M/s.G.Vishnuram, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.522 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 304(ii) of Indian Penal Code & 177 of MV Act @ 304(II), 143, 269, 270, 271, 291, 505(1)(b) of Indian Penal Code and 177 of MV Act r/w 109 of Indian Penal Code in Crime No.522 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused persons travelled in a vehicle in a rash and negligent manner and caused grievous injuries to the co-passengers. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that this Court had granted anticipatory bail to the co-accused in Crl.O.P(MD).No.19250 of 2021 dated 06.12.2021.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused travelled in a same vehicle for portray to tribute the freedom fighter Pasumpon Muthuramalinga Thevar and the petitioner drove the vehicle in a rash and negligent manner and caused injuries to the co-passengers.

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CRL OP(MD). No.713 of 2022 5.Considering the facts and circumstances of this case and the grant of anticipatory bail to the co-accused by this Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate Court, Kamuthi, Ramanathapuram District, and on his executing 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 petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 12/01/2022 / 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, KAMUTHI, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.713 of 2022 Date :12/01/2022 USK/JM/SAR-III/11.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2