Madras High CourtCRL OP(MD)/12575/2017granted

Cable Karthick @ Karthick v. The Inspector Of Police

2017-10-05Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.12575 of 2017 CABLE KARTHICK @ KARTHICK ... PETITIONER/ ACCUSED NO.31 Vs STATE THROUGH THE INSPECTOR OF POLICE ILAIYANKUDI POLICE STATION, SIVAGANGAI DISTRICT CR.NO.367/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.PUGALENDHI 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 No.31, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 395, 397, 212, 120(b) of I.P.C., and Section 3 of TNPPDL Act r/w. Sections 34 and 201 of I.P.C in Crime No.367 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused had forcibly taken away money from the defacto complainant and damaged the car.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not involved in any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the investigation has been completed and the charge sheet has also been filed before the learned Judicial Magistrate No.I, Ilayankudi, Sivagangai.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioner with certain conditions. 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 cum District Munsif, Ilaiyankudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall appear before the concerned Court for all the hearing dates without fail;

(ii) the petitioner shall not tamper with evidence or witness during trial.

(iii) the petitioner shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the bail granted stands cancelled automatically.

sd/- 05/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AKV/DSS TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, ILAIYANKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ILAIYANKUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PUGALENDHI Advocate SR.No.32197 GJM/RR/BS/SAR-3-9.10.17-2P-6C

ORDER

IN CRL OP(MD) No.12575 of 2017 Date :05/10/2017 https://hcservices.ecourts.gov.in/hcservices/