S. Kombiah Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24348 of 2015 S.KOMBIAH PANDIAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs.

STATE REP.BY THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.

(CRIME NO. 113 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.ANAND Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 accused, in Crime No.113 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, 279, 341, 294(b), 302 and 506(ii) IPC and hence, seeks anticipatory bail.

2. The case of the prosecution is that the sister of the first accused was given in marriage to the son of the deceased and both were separated and they are not living together and due to that enmity, the first accused and others conspired together and waylaid the deceased and murdered him.

3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and investigation has been completed and charge sheet has been filed.

4. The learned counsel for the petitioner submitted that investigation has been completed and other accused persons were arrested and released on bail and he prays for grant of anticipatory bail to the petitioner.

5. The learned Additional Public Prosecutor submitted that https://hcservices.ecourts.gov.in/hcservices/ the petitioner is the main accused and due to enmity he conspired

with others and murdered the deceased and if he is granted anticipatory bail, he will influence the witnesses. 6.Considering the fact that after completion of investigation, charge sheet has been filed and other accused were arrested and released on bail, 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 No.I, Tirunelveli, 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 respondent police daily twice at 10.00 a.m and 05.00 p.m until further orders.

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/- 04/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY. +1. CC to M/S R.ANAND Advocate SR.No.171 akm/05.01.2016/2p-6c/GSV/AN/SAR-I

ORDER

IN CRL OP(MD) No.24348 of 2015 Date :04/01/2016 https://hcservices.ecourts.gov.in/hcservices/