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Madras High CourtCRL OP(MD)/8984/2018granted

Kalimuthu v. The Inspector Of Police

2018-06-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8984 of 2018 KALIMUTHU ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT CRIME NO.281/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.KANNAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 285 and 338 of Indian Penal Code and Section 9(B)(1)(b) of Explosives Act, 1884 in Crime No.281 of 2018, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.The occurrence in question took place on 29.05.2018. the crackers had been stored in connection with the temple festival. Due to lack of adherence safety standard, they got set fire and as a result the accident took place. The petitioner is said to be a worker. Therefore, custodial interrogation may not be necessary for carrying on investigation.

4.Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.III, Dindigul and on his executing a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/

(Rupees Ten Thousand only) with two sureties 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.KANNAN Advocate SR.No.9659 GNS JAM/11/06/2018/ CSL-RR /RNB/ 2P-6C

ORDER

IN CRL OP(MD) No.8984 of 2018 Date :06/06/2018 https://hcservices.ecourts.gov.in/hcservices/