Darmar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8813 of 2015 DARMAR ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DIST.

(CRIME NO. 602/2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.VELMURUGAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 452, 302 and 506(ii) of I.P.C. in Crime No.602 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 13.10.2014, A3 and A4 had trespassed into the shop of the deceased and attacked with aruval and caused his death and the other accused were standing out side for watching movement of the deceased.

3.The learned counsel for the petitioner submitted that even according to the prosecution, the petitioner was standing near the occurrence place and there is no other overt act attributed against him. The learned counsel further submitted that the respondent had completed the investigation and also laid a charge sheet in this case.

4.The learned Government Advocate(Crl.side) would submit that A2 to A4 were arrested and released on bail and A5, who voluntarily surrendered before the learned Judicial Magistrate, was subsequently granted bail. He further submitted that the investigation has been completed and charge sheet has also been filed and the same has been taken on file in P.R.C.No.7 of 2015. He further submitted that the petitioner was present in the scene of occurrence and his two wheeler is also involved in this case.

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5.Considering the stage of the investigation and the overt act attributed against the petitioner, 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 No.II, Dindigul 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 10.00 a.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/- 01/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,DINDIGUL.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3.THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DIST. +1. CC to M/S.VELMURUGAN Advocate SR.No.26928

ORDER

IN CRL OP(MD) No.8813 of 2015 Date :01/06/2015 rg.02.06.2015 2p.6c.

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