Madras High CourtCRL OP(MD)/17091/2015allowed

P. Kumaresan v. The State Rep The Ins Po

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.17091 of 2015 P. KUMARESAN ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT (CRIME NO.190/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.PALANI RAJA Advocate For Respondent : M/S.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, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 387 and 506(ii) of the Indian Penal Code in Crime No.190 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the defacto complainant that on 10.08.2015 at 04.00 p.m., the accused at knife point taken Rs.300/- from the defacto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and it is further submitted that the occurrence is said to have taken place on 10.08.2015 at 16.00 hours, however, the complaint was lodged admittedly only on 11.08.2015 at 11.30 hours without giving any explanation for the delay. The learned counsel further submitted that at the instigation of the defacto complainant, the petitioner has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the second accused was arrested an released on bail and the first petitioner is having one previous case. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Karur 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 stay at Dindigul and report before the Dindigul Taluk Police Station twice at 10.30 a.m and 05.30 p.m., until further orders. The petitioner shall comply with the conditions 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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KARUR.

2.THE CHIEF JUDICIAL MAGISTRATE KARUR.

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

4.THE STATE REP THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.

5.THE OFFICER INCHARGE, DINGIGUL TALUK POLICE STATION, DINDIGUL.

+1. CC to M/S M.BINDRAN Advocate SR.No.52229

ORDER

IN CRL OP(MD) No.17091 of 2015 Date :07/09/2015 RG.09.09.2015/AAL/MPA/SAR-I 2P/7C.

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