Madras High CourtCRL OP(MD)/144/2017bail granted

Raja v. The Inspector Of Police

2017-01-06Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.144 of 2017 RAJA ... PETITIONER / ACCUSED No.11 Vs State rep.by THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI, RAMNAD DISTRICT, CR NO. 253 OF 1999. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.BOOMINATHAN Advocate For Respondent : Mr.P.Kandasamy, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 323, 324, 307 IPC r/w 34 of IPC and Section 5 of Indian Explosive Act 1989 in Crime No.54 of 2007 on the file of the respondent.

2. The case of the prosecution is that due to previous enmity the petitioner and other accused attacked the defacto complainant with deadly weapons and thrown petrol bomb.

3. Learned counsel for petitioner submits that the petitioner has not committed any such offence as alleged by the respondent. 4.Learned Government Advocate (Crl.Side) submits that due to non appearance, Non Bailable Warrrant has been issued on 07.08.2009 in S.C.NO.54 of 2007 against the petitioner.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

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(b) In the event of appearance before the learned Assistant Sessions Judge, Paramakudi, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall appear before concerned court for all further hearings without fail.

sd/- 06/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ASSISTANT SESSIONS JUDGE, PARAMAKUDI 2 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI, RAMNAD DISTRICT.

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

+1. CC to M/S.J.Senthil Kumaraiah, Advocate SR.No.1068 sm:SS2:SAR 1:10/01/2017:2P/5C

ORDER

IN CRL OP(MD) No.144 of 2017 Date :06/01/2017 https://hcservices.ecourts.gov.in/hcservices/