C. Narayanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23448 of 2015 C. NARAYANAN ... PETITIONER ACCUSED No.6 Vs STATE THROUGH THE INSPECTOR OF POLICE AATHUR POLICE STATION, THOOTHUKUDI DISTRICT.

(CR NO.249 OF 2015) ... RESPONDENT For Petitioner : Mr.M.SUBASHBABU for Mr. NIRANJAN S.KUMAR 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.6 in Crime No.249 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 342, 307, 302 and 506(ii) of the Indian Penal Code and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 08.08.2015, while the fourth accused and others were playing cricket in the village tank, the ball hit on one Ramakrishnan (deceased). The said Ramakrishnan (deceased) attacked the fourth accused, who is aged about 17 years old and on coming to know the said incident, the family members of the fourth accused questioned the same and a wordy quarrel arose between them. Consequently, the accused attacked the said Ramakrishnan with deadly weapons and caused death.

3.This Court by an order dated 19.11.2015, dismissed the anticipatory bail petition filed by the petitioner in Crl.O.P(MD)No.20620 of 2015 on the ground that the petitioner is a history sheeted rowdy and he is having 25 previous cases.

4.The learned counsel for the petitioner submitted that co-accused were released on bail and the petitioner acquitted in all the cases, except three cases. History sheet of the petitioner is revoked in the year 2012 itself.

5.Heard the learned Government Advocate (Criminal Side). https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case and also considering the fact that the history sheet of the petitioner is revoked and the petitioner acquitted in previous cases, 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, Tiruchendur 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 10.00 a.m., until further orders. The petitioner shall comply with the conditions 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/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE AATHUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to Mr. NIRANJAN S.KUMAR Advocate SR.No.72750

ORDER

IN CRL OP(MD) No.23448 of 2015 Date :18/12/2015 PS NS/AAL-MPA/SAR II/22.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/