Petchimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.7021 to 7023 of 2015 PETCHIMUTHU ... PETITIONER / ACCUSED No. 18 IN ALL THE PETITIONS Vs THE STATE REP. BY THE INSPECTOR OF POLICE MOONDAADAIPPU POLICE STATION, TIRUNELVELI DISTRICT.
... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS (CRIME NO. 156 OF 2014) IN CRL OP(MD) No.7021 of 2015 (CRIME NO. 155 OF 2014) IN CRL OP(MD) No.7022 of 2015 (CRIME NO. 157 OF 2014) IN CRL OP(MD) No.7023 of 2015 For Petitioner : M/S.P.T.RAMESH RAJA Advocate IN ALL THE PETITIONS For Respondent : M/S.K.V.RAJARAJAN GOVERNMENT ADVOCATE (CRL.SIDE) IN ALL THE PETITIONS PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. COMMON ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-18, apprehends arrest at the hands of the respondent police, for the alleged offences punishable under Sections 147, 148, 294(b), 307, IPC altered into 148, 147, 149, 294(b), 307, 120(B) and 212 IPC, under Sections 147, 148, 149, 341, 302 and 120(B) IPC altered into 148, 149, 341, 302, 120(B) and 212 of IPC and under Sections 147, 148, 341, 302, 201 and 120(B) IPC altered into 148, 147, 149, 341, 302, 201, 120(B) and 212 IPC in Crime Nos.155, 156 and 157 of 2015 respectively, on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that due to the dispute over the two communities, the accused have attacked the de-facto complainant party causing death of two persons and injuries to one of the victims. The allegation against the petitioner is that he provided accommodation for the main accused on 14.11.2014 and thereafter, the accused Nos.1 and 4 were surrendered before the Judicial Magistrate. https://hcservices.ecourts.gov.in/hcservices/
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he was implicated only on the basis of the
confession of the co-accused and even according to the confession, the petitioner provided accommodation for the main accused. The learned counsel further submitted that the other accused have been arrested and released on bail.
4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that this is a case of double murder and the petitioner accommodated the main accused for the period of two days and he is also involved in one previous case.
5. Considering the avert act attributed against the petitioner and stage of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties in each cases, 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 and 5.00 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/- 17/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.
2 Do - Through THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE MOONDAADAIPPU POLICE STATION, TIRUNELVELI DISTRICT. +3. CC to M/S.P.T.RAMESH RAJA Advocate SR.No. 20266, 20268,20301 TS/21.04.2015/2P-8C
ORDER
IN CRL OP(MD) Nos.7021 to 7023 of 2015 Date :17/04/2015 https://hcservices.ecourts.gov.in/hcservices/