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Madras High CourtCRL OP(MD)/12890/2015allowed

Ravi Alias Ravisankar v. The Inspector Of Police,

2015-07-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12890 of 2015 RAVI ALIAS RAVISANKAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

IN CRIME NO.63 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.RAJASEKARAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 302 and 201 of I.P.C., in Crime No.63 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant viz., Boomi, his father left on 23.06.2015 for cattle business and he used to come after a week. While so, on 27.06.2015, he received a message stating that his father was lying dead in Kannankulam and thereafter, with the help of one Pottukadalai Rasu of Kannankulam, he brought the body and cremated on the same day and at the time of cremation, he found some injuries on the deceased and later, he came to know that he was attacked by the accused and due to the injury, he died after three days.

3. The learned counsel for the petitioner submitted that the occurrence is said to have taken place on 23.06.2015 and the deceased died on 27.06.2015 and on the same day, he was cremated by the de-facto complainant. However, this complaint was given after 7 days without any explanation for enormous delay. It is further submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. Per contra, the learned Government Advocate (Crl.side) submitted that the petitioner is a sole accused in this case and to find out the truth, custodial interrogation of this petitioner is https://hcservices.ecourts.gov.in/hcservices/

very much necessary. It is further submitted that the petitioner is not entitled for anticipatory bail in the case of murder.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Aruppukottai, Virudhunagar 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 on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 16/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE, MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT. +1. CC to M/S.V.RAJASEKARAN Advocate SR.No.39385

ORDER

IN CRL OP(MD) No.12890 of 2015 Date :16/07/2015 RG.23.07.2015 2P.6C.

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