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Madras High CourtCRL OP(MD)/17021/2014ordered

Thankakan v. The Inspector Of Police

2015-04-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17021 of 2014 THANKAKAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KARUNGAL POLIE STATION, KANYAKUMARI DISTRICT.

CRIME NO.475/2014.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.RAMAKRISHNAN, Advocate For Respondent : M/S.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/A1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 306 IPC in Crime No.475 of 2014 and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, there was a wordy quarrel between the deceased and the first accused, the deceased consumed poison and died.

3. The learned counsel for the petitioner submitted that co-accused in this case has already been granted anticipatory bail by this Court under orders in Crl.O.P.No.17278 of 2014 on 19.09.2014. It is further submitted that the petitioner is a senior citizen aged about 70 years and he has not committed any offence.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the State and also perused the entire materials available on record.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, the petitioner is ordered to be released on bail in the

event of arrest or on her appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District, 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 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.

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/- 09/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI @ NAGERCOIL. 3 THE INSPECTOR OF POLICE, KARUNGAL POLIE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.RAMAKRISHNAN, Advocate SR.No.18173. ORDER IN CRL OP(MD) No.17021 of 2014 Date :09/04/2015 msm 10.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/