A. Kaliyan v. The State Rep By Ins Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16629 of 2015 1 A. KALIYAN 2 BOOMI ... PETITIONERS/ACCUSED 2 & 3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, A. MUKKULAM POLICE STATION, A.MUKKUKLAM, VIRUDHUNAGAR DISTRICT.

(CRIME NO 63 OF2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S B.SENTHIL KUMAR 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 petitioners, who are arrayed as A2 and A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 302 and 201 of IPC, in Crime No.63 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused have cremated the dead of Muthusamy, who is the father A2 and A3 without giving information to the police.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioners are sons of the deceased Muthusamy and that after completion of the funeral ceremonies of their father, they came to understand that their father died due the injuries caused by one Ravi and even though the 2nd petitioner preferred a complaint for their father's suspicious death, the respondent police has roped the petitioners in this case. It is further submitted that A1 was https://hcservices.ecourts.gov.in/hcservices/ already released on bail by this Court in CRL OP(MD)No.1289 of 2015, dated 23.03.2015

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5. Considering the above facts and circumstances of the case and A1 was enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aruppukkottai and on each of them 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 petitioners shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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

4 THE INSPECTOR OF POLICE, A. MUKKULAM POLICE STATION, A.MUKKUKLAM, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S B.SENTHIL KUMAR Advocate SR.No.50257 Akm/11.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.16629 of 2015 Date :31/08/2015 https://hcservices.ecourts.gov.in/hcservices/