P. Rajasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13648 of 2015 P. RAJASEKAR ... PETITIONER / ACCUSED Vs THE INSPECTOR OF POLICE KANYAKUMARAI POLICE STATION, KANYAKUMARAI ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.JANAKIRAMULU Advocate For Respondent : Mrs.S.Prabha, Govt. 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 Section 306 IPC in Crime No.437 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant the accused and the deceased were involved in a theft case and the accused was implicated only on the basis of confession of the deceased and thereafter the accused quarrelled with the deceased hence he committed suicide on 18.06.2015.

3. The learned Counsel appearing for the petitioner submitted that the petitioner is innocent and even as per the allegations made in the complaint, the ingredients of Section 306 is not made out. He further submits that the deceased consumed poison and the petitioner has taken him to the hospital to save his life and thereafter he has been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.side) that the investigation is pending.

5. Considering the submissions made by the learned counsel for petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. 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, Nagercoil, and on 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 morning at 10.00 a.m. and evening 05.00 p.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NAGERCOIL 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE KANYAKUMARAI POLICE STATION, KANYAKUMARAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.JANAKIRAMULU Advocate SR.No.44498 Sm:IV:SAR I:7.08.2015:2P/6C

ORDER

IN CRL OP(MD) No.13648 of 2015 Date :04/08/2015 https://hcservices.ecourts.gov.in/hcservices/