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Madras High CourtCRL OP(MD)/1045/2016no further orders

R.Jeyakumar v. The Inspector Of Police

2016-01-21Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1045 of 2016 R.JEYAKUMAR ... PETITIONER/1st ACCUSED Vs STATE REP. BY ITS THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, ASARIPALLAM, KANYAKUMARI DIST.

(IN CRIME NO.7 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.T.SELVAKUMARAN Advocate For Respondent : Mr.P.KANNI THEVAN 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.1, in Crime No.7 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 399 of the Indian Penal Code and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 05.01.2016, while the respondent police came near Melaperuvilai symmetry, the petitioner and two others on seeing the police party, ran away from the place of occurrence. The three other persons were arrested and they confessed that they were standing for preparing decoity. Based on the complaint, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner's name has been falsely implicated in this case and he is innocent and he has committed any offence as alleged by the prosecution and the petitioner was not present on the day of occurrence and there is no previous case against the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that already other accused were arrested and enlarged on bail.

5. Considering the facts and circumstances of the case and also considering the fact that the other accused were arrested and enlarged on bail, 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 https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District and on his 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 twice at 10.00 a.m., and 05.00 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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/- 21/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAJYNARU DUSTRUCT, 3 THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, ASARIPALLAM, KANYAKUMARI DIST.

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

+1. CC to M/S T.SELVAKUMARAN Advocate SR.No.3483

ORDER

IN CRL OP(MD) No.1045 of 2016 Date :21/01/2016 PS NS/SK-SKN/SAR I/27.01.2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/