Kathiresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9461 of 2015 KATHIRESAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DIST, CR.NO.258/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SEEMARAJ Advocate For Respondent : M/S.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 an accused, was apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 149, 341, 342, 294(b), 302 and 506(ii) of IPC, in Crime No.258 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The prosecution case is that due to Panchayat election dispute, the accused have attacked the deceased with lethal weapon and caused his death on 29.03.2015.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and it is further submitted that even as per the case of the prosecution, the overt act attributed is that he has supplied weapon to the prime accused for commission of offence.

4.The learned counsel for the petitioner further contended that the petitioner is incumbent President of Thetchilakulam Panchayat and the deceased is the supporter of the former President of the village and due to political motive, the petitioner has unnecessarily roped in this case. 5.The learned Government Advocate (Crl.side) submitted that except this petitioner, all other accused were arrested and released on bail and major part of the investigation was over and according to the confession of the first accused, the petitioner supplied weapons to the main accused. https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the above facts, 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, Kovilpatti 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 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.

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/- 25/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, KOVILPATTI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.K.SEEMARAJ Advocate SR.No.33703. TS/26.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.9461 of 2015 Date :25/06/2015 https://hcservices.ecourts.gov.in/hcservices/