Dhanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23096 of 2015 DHANASEKARAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE SETHUR POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S N.MARIAPPAN Advocate For Respondent : MR.K.ANBARASAN 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.2, in Crime No.159 of 2013 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), 353 and 506(ii) of I.P.C and hence, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a Village Administrative Officer and on 25.05.2013 at 10.00 p.m., the petitioner along with other accused came to Sundarrajapuram forest range with weapons and at that time, the defacto complainant enquired them and for that, the accused abused him in filthy language, threatened him with dire consequences and ran away from the scene of occurrence.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is nothing to do with the alleged offence and he has been falsely implicated in this case.

4. The learned Government Advocate(Crl. Side) on instructions submitted that in this case the investigation was completed and charge sheet was filed in C.C.No.101 of 2014 before the jurisdictional Court.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the that in this case the investigation was completed and charge sheet was filed, 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, Rajapalayam and on his 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 Court below on all hearing dates without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE SETHUR POLICE STATION, RAJAPALAYAM,VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S N.MARIAPPAN Advocate SR.No.69878

ORDER

IN CRL OP(MD) No.23096 of 2015 Date :07/12/2015 AA/SKS-RR/SAR-I/08.12.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/