Karnan @ Karunamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.327 of 2017 KARNAN @ KARUNAMOORTHY ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.135 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR Advocate For Respondent : M/S.P.KANDASAMY, 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 accused No.3 in Crime No.135 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 IPC and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner states that the petitioner herein is A3 in this case and the co-accused was arrested an released on bail by the concerned Judicial Magistrate in Crl.M.P.No.No.2048 of 2016, dated 18.05.2016 and A2 is still absconding.

4.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that there are totally three accused in this case. A1 was arrested and released on bail and A2 is still absconding and that properties were recovered from A1 and on the basis of the confession given by A1, the present petitioner is implicated in this case.

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5.Considering the facts and circumstances of the case and also considering the fact that the co-accused were released on bail and that the properties were recovered, 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, Muthukulathur, Ramnad District and on his 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 10.30 a.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/- 12/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE MUTHUKULATHUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

+1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.2832 RL/6C/2P/MPA/SARI/19.1.2017

ORDER

IN CRL OP(MD) No.327 of 2017 Date :12/01/2017 https://hcservices.ecourts.gov.in/hcservices/