Madras High CourtCRL OP(MD)/6757/2015ordered

Senthilkumar v. The Inspector Of Police

2015-04-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6757 of 2015 SENTHILKUMAR ... PETITIONER/ACCUSED - 10 Vs STATE REP.BY THE INSPECTOR OF POLICE MOONDRADAIPPU POLICE STATION, NANGUNERI TALUK, TIRUNELVELI DT, CRIME NO.28/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M. VIVEKANANDAN 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 A10 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 307, 302 IPC @ 147, 148, 294(b), 307, 302, 120(b) and 109 of IPC, in Crime No.28 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to previous motive, the accused attacked the deceased with lethal weapons and caused the death of the father of the defacto complainant.

3.The learned counsel for the petitioner submitted that the petitioner has been implicated as one of the conspirator of alleged occurrence and even according to the prosecution, the petitioner did not involve directly in the offence and the main accused have been secured and they are in judicial custody. He further submitted that the petitioner is permanent residence of Chennai and due to previous motive he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that the petitioner has assured the main accused to provide money for court expenses. It is further submitted that the petitioner has not involved https://hcservices.ecourts.gov.in/hcservices/ in any previous case.

5.Considering the overt act attributed against the petitioner, 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, Valliyoor 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 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. It is made clear that the main accused shall not advantage of the order passed in this case.

6. The petitioners 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/- 20/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE MOONDRADAIPPU POLICE STATION, NANGUNERI TALUK, TIRUNELVELI DISTRICT.

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

+1. CC to M/S. M. VIVEKANANDAN Advocate SR.No.19909

ORDER

IN CRL OP(MD) No.6757 of 2015 Date :20/04/2015 PA/21.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/