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Madras High CourtCRL OP(MD)/17855/2015allowed

M. Pannerselvam v. The Insepector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17855 of 2015 M. PANNERSELVAM ... PETITIONER/ ACCUSED NO.2 Vs STATE REPRESENTED BY THE INSEPECTOR OF POLICE THURAIYUR POLICE STATION TRICHY DISTRICT (CRIME NO.274 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.C.ASAITHAMBI 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 arrayed as A2 in Crime No.274 of 2015, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 457 and 411 of IPC, on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant that on 02.09.2015 at 11.00 pm the accused have broke open the lock and open the shelter of the shop of the de facto complainant.

3. The learned counsel for the petitioner submitted that the first accused and the de facto complainant were working in a private school and on the complaint of the de facto complainant, A1 was terminated from service. Due to the motive, the petitioner, who is the friend of the first accused has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit A1 was already arrested and remanded to judicial custody. It is further submitted that this petitioner has no previous bad antecedents.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thuraiyur, 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 as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THURAIYUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSEPECTOR OF POLICE THURAIYUR POLICE STATION, TRICHY DISTRICT +1. CC to M/S A.C.ASAITHAMBI Advocate SR.No.55614 RL/6C - 23/9/2015

ORDER

IN CRL OP(MD) No.17855 of 2015 Date :21/09/2015 https://hcservices.ecourts.gov.in/hcservices/