Madras High CourtCRL OP(MD)/7016/2018partly allowed

Mariadass, v. The Inspector Of Police,

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7016 of 2018 1 MARIADASS 2 POOL PANDI ... PETITIONER / ACCUSED No.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

(IN CR.NO.86 OF 2018).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.MUTHUPANDI Advocate For Respondent : M/S.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under Sections 379, 294 (b), 353, 506(ii) of I.P.C., r/w 3 of T.N.P.P.D.L. Act, in Crime No.86 of 2018, on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that the petitioners are innocent and that they have not committed any such offence alleged by the respondent and prays for anticipatory bail in favour of the petitioners.

3. The learned Government Advocate (Criminal side) submitted that the second petitioner is having a previous case for the offence under Section 387 of I.P.C.

4. Therefore, this Court is declined to grant anticipatory bail to the second petitioner and this petition is dismissed as against the second petitioner. This Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam, Thoothukudi District and executing a bond each of them for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

5. The first 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 shall stand dismissed.

sd/- 27/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SRIVAIKUMDAM, THOOTHUKUDI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.P.MUTHUPANDI Advocate SR.No.7475.

ORDER

IN CRL OP(MD) No.7016 of 2018 Date :27/04/2018 SDS/PMI/VK/07.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/