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Madras High CourtCRL OP(MD)/22831/2015ordered

Mani v. The Inspector Of Police

2015-12-02Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22831 of 2015 1 MANI 2 KOTTAISAMY 3 MAYANDI 4 RAGHUPATHI 5 MOKKAI @ THATHAKKUTI ... PETITIONERS/ACCUSED Nos.1 to 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 149 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S R.GANESH PRABU ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, 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 Nos.1 to 5, in Crime No.149 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 506(i) IPC r/w Section 4(1)PPDL Act and hence, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, all the accused persons illegally entered into the house of the defacto complainant and damaged the household articles and committed theft of Rs.80,000/-

3. The case of the petitioners is that the petitioners are innocent and they have been falsely implicated in this case. The first petitioner's daughter was kidnapped by the defacto complainant's son and the same was questioned by the petitioners. Due to that, the defacto complainant lodged a present complaint.

4. The learned Government Advocate (Crl.Side) submitted that already this Court granted anticipatory bail to the co-accused in Crl.O.P.(MD)No.21841 of 2015, dated 19.11.2015. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and considering the fact that this Court has already granted

anticipatory bail to the co-accused, 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, Nilakottai, Dindigul District 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 and the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. 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/- 02/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE , NILAKOTTAI, DINDIGUL DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

4. THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.GANESH PRABU Advocate SR.No. 68793

ORDER

IN CRL OP(MD) No.22831 of 2015 Date :02/12/2015 2P/6C TE/AAL-MPA/SAR-I : 03/12/2015 https://hcservices.ecourts.gov.in/hcservices/