Madras High CourtCRL OP(MD)/17900/2015allowed

Ruber Paul v. The Insepector Of Police

2015-09-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17900 of 2015 1 RUBER PAUL 2 GNANARAJ 3 GOPAL 4 MUTHUSELVAN 5 KAMARAJ 6 KOVILRAJ ... PETITIONERS/ACCUSED NO.4,5,6,7,9 &10 Vs STATE REP BY THE INSEPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.252/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.LAKSHMIKANTH Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.4 to 7, 9 and 10, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 447, 448, 294 (B), 323, 324, 506(i) of I.P.C., and Section 4(1) of TNPHW Act and Section 3(1) of TNPPDL Act in Crime No.252 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 05.09.2015, at about 11.00 p.m., the accused had gone to the house of the de-facto complainant in search of his brother-in-law, who eloped with the minor girl and damaged his car and other household articles worth of Rs.40,000/-.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the accused 1 to 3 were arrested and released on bail and there is no previous case against the petitioners.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, Tirunelveli and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of Crime No.252 of 2015 before the learned Judicial Magistrate, Nanguneri, Tirunelveli and the petitioners shall appear before the respondent police as and when required. 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/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NANGUNERI, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 3 THE INSEPECTOR OF POLICE KALAKADU POLICE STATION,TIRUNELVELI DISTRICT, 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.LAKSHMIKANTH Advocate SR.No.55011

ORDER

IN CRL OP(MD) No.17900 of 2015 Date :15/09/2015 AA/22.09.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/