Thamotharan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13691 of 2015 THAMOTHARAN ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

CRIME NO. 217/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 323, 380, 451 and 468 of IPC, in Crime No.217 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, the accused have trespassed into the house of the de-facto complainant and looted the household articles, steel bureau etc. worth about Rs.2,00,000/-. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the de-facto complainant and A1 and A2 are half brothers and the de-facto complainant is not born through the first wife and with regard to the civil dispute, a suit in O.S.No.1391 of 2013 is pending before the II Additional District Munsif, Trichy between the A1 and A2 as well as the de-facto complainant. The learned counsel further submitted that the petitioner/A3 is the brother- in-law of the A1 and A2 and he has unnecessarily roped in this case.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that A1 and A2 were already arrested and released on bail and the petitioner has no bad antecedent. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Trichy 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 at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY.

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

4 THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT. +1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.40758 akm/29.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.13691 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/