Muniasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8388 of 2015 MUNIASAMY ... PETITIONER/ACCUSED NO.3 Vs STATE REP BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT, CRIME NO.63/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.GANDHI 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 as A-3 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 120(B), 294(b), 324, 307 and 506(II) I.P.C altered into 147, 148, 120(B), 294(b), 324, 307 and 506(II) and 302 I.P.C in Crime No.63 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the deceased was elected as President of the Panchayat while the 11th accused was defeated and due to election dispute, the accused Nos.11 and 12 have conspired to eliminate the deceased. So, on 26.02.2015, the accused Nos.1 to 10 have attacked the deceased with lethal weapons and caused his death. 3.The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case on the allegation that he has conspired with other accused to commit the offence. It is further submitted that similarly placed accused Nos.2 and 12 were released on bail by this Court in Crl.O.P(MD) No.9140 of 2015 vide order, dated 13.05.2015 and Crl.O.P(MD)No.6476 of 2015 vide order, dated 02.06.2015.

4. The learned Government Advocate(Crl. Side) strongly opposes this application for granting bail to the petitioner. He further submitted that major part of the investigation is over and they are awaiting for Chemical Annalist report to lay a charge sheet in this case.

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5.Considering the stage of the case and also considering the fact that A-2 and A-12 were granted bail by this Court, 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 No.II, Madurai 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 twice i.e., 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.

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/- 12/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, MADURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.R.GANDHI Advocate SR.No.30620

ORDER

IN CRL OP(MD) No.8388 of 2015 Date :12/06/2015 NA/PPS/16/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/