← Library
Madras High CourtCRL OP(MD)/23390/2015ordered

Kasi @ Karthy v. The Inspector Of Police

2015-12-16Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23390 of 2015 KASI @ KARTHY ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE B1 TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO. 219 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.MURUGAN 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 petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 Cr.P.C., altered into 323 and 302 of IPC, in Crime No.219 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that one Salini developed illicit intimacy with one boy belongs to Scheduled Caste. On 16.11.2015, one Boopathi/A1 along with other persons advised her not to have any such contact with him and advised her parents also to have a vigil over the deceased. On 22.11.2015 the said Boopathi/A1 entered into the house of the deceased and stabbed on her stomach and on the next day morning she was found dead. On the complaint given by the defacto complainant, the case has been registered for the above said offences. 3.The case of the petitioner is that he is innocent person and he has not committed any offence as alleged by the prosecution. The petitioner was standing when A1 was advised the deceased not to have any such contact with that boy belongs to Scheduled Caste. The petitioner is working as a Teacher in a Government Aided Management School namely Hameediah Boys Higher Secondary School, Ramanathapuram and there is no specific overt-act against the petitioner.

4.The learned Government Advocate(Crl.side) submitted that on 22.11.2015 one Boopathi/A1 entered into the house of the deceased and stabbed on her stomach and on the next day morning she was found dead. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner was present when the Boopathi/A1 advised the deceased not to any such illicit intimacy with boy and there is specific overt-act attributed against the petitioner, this Court is https://hcservices.ecourts.gov.in/hcservices/

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, Ramanathapuram 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 respondent police daily at 06.00 p.m., until further orders. 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/- 16/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE,B1 TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.MURUGAN Advocate SR.No.72144

ORDER

IN CRL OP(MD) No.23390 of 2015 Date :16/12/2015 AM CSL/GSV-AN/SAR-II/18.12.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/