Madras High CourtCRL OP(MD)/6058/2015ordered

Muthukaruppusamy, M/35, v. The Inspector Of Police,

2015-04-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6058 of 2015 MUTHUKARUPPUSAMY ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, APPAIYANAICKANPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.71 OF 2015).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BALAJI Advocate For Respondent : MR.K.V.RAJARAJAN, 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.3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353, 379 and 307 of I.P.C. r/w. Section 21(1) of Mines and Minerals Act in Crime No.71 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 09.03.2015, the accused have involved in theft of mines and when the police party prevented, A1 tried to kill the de-facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is arrayed as A3 and he is nothing to do with the allegation made against A1. It is further submitted that A1 was arrested and released on bail by the learned Principal Sessions Judge, Srivilliputhur, Virudhunagar District in Cr.M.P.No.2084 of 2015 on 27.03.2015.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is a load man and at the time of occurrence, he escaped from the seat and he is having one previous case.

5. Considering the facts and circumstances of the case, 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, Sattur, Virudhunagar District 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 09/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, SATTUR, VIRUDHUNAGAR DISTRICT.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, APPAIYANAICKANPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.BALAJI Advocate SR.No.

ORDER

IN CRL OP(MD) No.6058 of 2015 Date :09/04/2015 RG.15/04/2015 2P/6C.

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