Mathi v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.18088 of 2015 MATHI ... PETITIONER / ACCUSED NO.8 Vs STATE THROUGH THE INSEPECTOR OF POLICE KALAKADU POLICE STATION, THIRUNEVELI DISTRICT, (CRIME NO.252/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.LAKSHMIKANTH 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.8, apprehends 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, seeks anticipatory bail.

2. Heard both sides.

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

4. The learned counsel for the petitioners submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused had already been released on anticipatory bail by this Court vide order dated 15.09.2015 in Crl.O.P.(MD) No.17900 of 2015.

5. 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 petitioner herein. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case, 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 his arrest or on his appearance before the learned Judicial Magistrate, Nanguneri, Tirunelveli and on his 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 petitioner 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 petitioner shall appear before the respondent police as and when required. 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/- 18/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI 2,DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSEPECTOR OF POLICE, KALAKADU POLICE STATION, THIRUNEVELI DISTRICT, +1. CC to M/S S.LAKSHMIKANTH Advocate SR.No.55651 RL/6 C- 25/9/2015

ORDER

IN CRL OP(MD) No.18088 of 2015 Date :18/09/2015 https://hcservices.ecourts.gov.in/hcservices/