Madras High CourtCRL OP(MD)/17021/2015allowed

Dhanasekaran v. The State Thr The Ins Of Polic

2015-09-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17021 of 2015 1 DHANASEKARAN 2 PRASANTH ..PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE, UKKPPILIYAPURAM POLICE STATION, TRICHY DISTRICT.

(CRIME NO 197 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) For Intervenor : Mr.M.PALANIRAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 379, 511 and 506(ii) of the Indian Penal Code in Crime No.197 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the defacto complainant that on 28.06.2015 the petitioners along with other accused have attempted to commit theft of his two wheeler and after raising alarm, they run away from the scene.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution.

4. Mr.M.Palaniraja, learned counsel appearing for the Intervenor vehemently opposed granting of anticipatory bail to the petitioners.

5. The learned Government Advocate (Criminal Side) submitted that the first petitioner is having one previous case and in that, he was already granted anticipatory bail by this Court.

6. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur 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 stay at Madurai and appear before the Mathichiam Police Station daily at 10.30 a.m until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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8. 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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECOTR OF POLICE, UKKPPILIYAPURAM POLICE STATION, TRICHY DISTRICT.

5 THE OFFICER IN CHARGE, MATHICHIAM POLICE STATION, MADURAI. +1. CC to M/S R.ALAGUMANI Advocate SR.No.52387 ORDER IN CRL OP(MD) No.17021 of 2015 Date :07/09/2015 PBK/GSV-PM/SAR-II 09/09/2015 ::2P-7C::

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