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Madras High CourtCRL OP(MD)/16660/2016ordered

Rengasamy v. The Inspector Of Police

2016-09-14Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16660 of 2016 RENGASAMY ... PETITIONER/ ACCUSED NO.5 Vs THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME NO. 158 OF 2016) ... RESPONDENT For Petitioner : M/S.R.ALAGUMANI Advocate For Respondent : M/S.K.V.RAJARAJAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER :The Court Made the following order:- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 302 and 120-B IPC in Crime No.158 of 2016 on the file of the respondent police.

2. The case of the prosecution is that A1 poured kerosene over his wife and set fire and the petitioner/A5 conspired with the first accused for commission of offence.

3. Learned counsel for petitioner submits that the petitioner is a person,who had arranged the marriage between the deceased and her husband/A1 and he has nothing to do with the offence.

4. Learned Government Advocate (Crl.Side)submits that the husband of the deceased/A1 and A2, who is the sister of A1 are absconding and A3 and A4, who are the brother and mother of A1, were arrested and they are in custody.

5. Statement recorded under Section 164 Cr.P.C informs that the act of A1/husband and adds that immediate relatives of A1 were the cause. As a final implication, the petitioner was also informed to be the cause.

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6. 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 and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Paramakudi, within 15 days from the date of receipt of a copy of the order, (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 likesum to their satisfaction;

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 appear before the respondent police for a period of two weeks and thereafter as and when required. sd/- 14/09/2016 / TRUE COPY/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE PARAMAKUDI 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 PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT, +1. CC to M/S.R.VENKATESAN, Advocate SR.No.52266 RL/6C/2P/DB/SARI/16/9/2016

ORDER

IN CRL OP(MD) No.16660 of 2016 Date :14/09/2016 https://hcservices.ecourts.gov.in/hcservices/