Madras High CourtCRL OP(MD)/6181/2015ordered

Moorthy v. The Inspector Of Police

2015-04-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6181 of 2015 MOORTHY ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, TRICHY DT, CRIME NO.136/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PALANIRAJA Advocate For Respondent : 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 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,148,294(b), 506(ii) of IPC and r/w. Section 3(1) of PPDL Act in Crime No.136 of 2015, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

3. This is case of case and counter. The case of the prosecution is that due to previous motive the petitioner is said to have damaged the Motor Cycle belonging to the de facto complainant.

4. The learned counsel for the petitioner submitted that the complaint given by the petitioner was registered against the de facto complainant for the same offence and subsequently, counter case is registered against him.

5. The learned Government Advocate (Crl. Side) would submit that the investigation is in progress.

6. Considering the facts and circumstances of the case and also considering the fact that this is a case and counter case, I am inclined to grant grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-III, Trichy on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioner shall appear before the respondent Police daily at 10.00 am until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

sd/- 06/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III,TRICHY.

2.DO THRO THE CHEIF JUDICIAL MAGISTRATE, TRICHY. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.M.PALANIRAJA Advocate SR.No.17008

ORDER

IN CRL OP(MD) No.6181 of 2015 Date :06/04/2015 RG.08.04.2015 2P.6C.

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