Rajeshkanna v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19081 of 2015 RAJESHKANNA ... PETITIONER/ACCUSED NO.5 Vs STATE REP.BY THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, TIRUMANGALAM TOWN CIRCLE, TIRUMANGALAM, MADURAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S N.SATHEESHKUMAR 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 petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 304, 302, 120(b), 201, 194, 213 and 450 IPC in P.R.C.No.24 of 2015 on the file of the learned Judicial Magistrate, Thirumangalam, in pursuance of the warrant issued by the learned Judicial Magistrate, Thirumangalam on 30.06.2015 and hence, seeks anticipatory bail.

2.It is seen from the records that one Ramaiah lodged a complaint. On the basis of the complaint, a case has been registered in Crime No.122 of 2009 and thereafter, he filed a Writ petition seeking transfer of the case and the same was dismissed by this Court and in a Writ Appeal, the order of the learned Single Judge was confirmed by the Division Bench on 03.09.2014. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that the case in P.R.C.No.24 of 2015 is pending before the Judicial Magistrate, Thirumangalam. 4.The learned counsel for the intervenor vehemently opposed for granting anticipatory bail to the petitioner and contended that the petitioner has committed grave offence and he has also not cooperated for completion of trial and therefore, he is not entitled for anticipatory bail.

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5.Heard the learned Government Advocate (Crl.side) for the respondent.

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 arrest or on his appearance before the learned Judicial Magistrate, Thirumangalam 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 Trial Court for all hearing dates without fail, except on those days by filing a petition under Section 317 Cr.P.C., by assigning valid reasons. 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/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, TIRUMANGALAM TOWN CIRCLE, TIRUMANGALAM, MADURAI DISTRICT.

+1. CC to M/S N.SATHEESHKUMAR Advocate SR.No.58690 Akm/12.10.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.19081 of 2015 Date :05/10/2015 https://hcservices.ecourts.gov.in/hcservices/