Madras High CourtCRL OP(MD)/18994/2015allowed

P. Mohan Raj v. The Insepector Of Police

2015-10-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18994 of 2015 1 P. MOHAN RAJ 2 P. KANAGARATHINAM 3 P. KANAGASABABATHY ..PETITIONERS/ACCUSED 1 TO 3 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

CR. NO.667/2015 ..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 petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC in Crime No.667 of 2015 on the file of the respondent Police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity the petitioners attacked the de facto complainant and also threatened him with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. It is further submitted that the 3rd petitioner is working as a fireman at Chennai and it will be difficult for him to appear before the respondent Police.

4.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

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 arrest or on their appearance before the learned Judicial Magistrate No.I, Kovilpatti, and on each of them 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 petitioners 1 and 2 shall appear before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required and the 3rd petitioner 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.

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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/- 01/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

+1. CC to M/S G.THALAIMUTHARASU Advocate SR.No.57978 ORDER IN CRL OP(MD) No.18994 of 2015 Date :01/10/2015 PBK/AMF/SAR-II 08/10/2015 ::2P-6C::

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