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Madras High CourtCRL OP(MD)/17418/2015allowed

A. Gnanasekaran v. The Inspector Of Police

2015-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17418 of 2015 A. GNANASEKARAN ... PETITIONER/ ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VARUSANADU POLICE STATION, THENI DISTRICT, (CRIME NO.79/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S G.THALAIMUTHARASU Advocate For Respondent : M/S.S.Prabha Government 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 302, 309 and 201 of IPC, in Crime No.

79 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant the Village Administrative Officer of Mayiladumparai, A1 consumed poison and administered the poison to her daughter on 06.06.2015, by which the daughter of A1 died and A2 to A4 disposed of the body without intimation to the authorities. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is the Village Panchayat President and he is nothing to do with the alleged offence. It is further submitted that A1, A2 and A4 were enlarged on anticipatory bail by this court in Crl.O.P(MD)No.11065 of 2015, dated 18.06.2015. 4.

The learned Government Advocate (Criminal side) appearing for the respondent submitted that A1 had consumed poison on 06.06.2015 and also gave the poison to her daughter and she died on the spot. It is further submitted that A3 and A4 are Presidents of the Village Panchayats and they without informing the occurrence to the authorities have disposed of the body.

5.Considering the facts and circumstances of the case and also considering the fact that A1, A2 and A4 were enlarged on anticipatory bail, 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, Aundipatty 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 until further orders. 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/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTY 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, VARUSANADU POLICE STATION, THENI DISTRICT.

+1. CC to M/S G.THALAIMUTHARASU Advocate SR.No. 53217. TS/10.09.2015/2P - 6C GSV-PM/SAR -I

ORDER

IN CRL OP(MD) No.17418 of 2015 Date :08/09/2015 https://hcservices.ecourts.gov.in/hcservices/