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Madras High CourtCRL OP(MD)/9250/2015allowed

Dhanapal v. The Inspector Of Police

2015-05-21Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9250 of 2015 DHANAPAL ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SESSIONS COURT POLICE STATION, TRICHY DT, CRIME NO.123/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 :- This is an application filed by the petitioner/Accused No.3 to grant anticipatory bail in Crime No.123 of 2015 on the file of the respondent police for the alleged offence under Sections 294(b) and 506(i) of I.P.C.

2. It is stated in the petition that the alleged occurrence took place on 14.10.2014 and the case has been registered on 09.05.2015. The delay of seven months has not been explained properly and hence, the complaint and the allegations are concocted one. Further, it is stated in the petition that the petitioner is having permanent residential address in Trichy District and he has no bad antecedents and he is willing to furnish sureties to the satisfaction of the learned Magistrate concerned. 3.It is submitted by the learned Government Advocate (Crl. Side) that no-one sustained injuries in this case.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side).

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 with conditions, 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 Judicial Magistrate No.II, Trichy within fifteen days from the date on which the order copy made ready;

(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 like sum to the satisfaction of the learned Judicial Magistrate No.II, Trichy;

(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 be available for interrogation by the respondent police daily at 5.30 p.m. for two weeks and thereafter, as and when required for interrogation. The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE SESSIONS COURT POLICE STATION, TRICHY DISTRICT. +1. CC to M/S.M.SUBASH BABU Advocate SR.No.26296

ORDER

IN CRL OP(MD) No.9250 of 2015 Date :21/05/2015 RG.26.05.2015 2P.6C.

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