Madras High CourtCRL OP(MD)/16794/2016ordered

Paulpandi v. The Inspector Of Police

2016-09-08Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16794 of 2016 PAULPANDI ... PETITIONER/ACCUSED NO.5 Vs THE STATE REPRESENTED BY , THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT, CRIME NO. 751 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU Advocate For Respondent : MR.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 / A5 prays for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 120 (B), 506(i), 302 and 109 of IPC in Crime No.751/2015 on the file of respondent police.

2. The case of the prosecution is that due to previous motive, with regard to family property the petitioner and other accused conspired together and committed murder of the deceased.

3. The learned counsel for the petitioner submits that on confession of co-accused his name has been falsely implicated in this case and the prime accused were arrested and enlarged on bail.

4. Learned Government Advocate (Crl. Side) submits that the investigation is completed and the charge sheet has been filed and the petitioner is absconding.

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 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, Periyakulam,Theni District within 15 days from the date of receipt of copy of the order, (i) Petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to his satisfaction;

(ii) The petitioner shall report before the concerned Court https://hcservices.ecourts.gov.in/hcservices/

daily at 10.30 a.m for a period of two weeks on all working days and thereafter, he shall appear for all future hearing dates without fail.

sd/- 08/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.

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

+1 CC TO M/S.M.PITCHAI MUTHU , ADVOCATE IN SR.NO.51096 TRP CSL/GSV-PM/SAR-I/15.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.16794 of 2016 Date :08/09/2016 https://hcservices.ecourts.gov.in/hcservices/