Madras High CourtCRL OP(MD)/17156/2016ordered

A.Anburaj, v. The Inspector Of Police,

2016-09-21Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17156 of 2016 A.ANBURAJ ... PETITIONER/ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.76 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.VEERAKATHIRAVAN SENIOR COUNSEL FOR M/S.VEERA ASSOCIATES Advocate For Respondent : Mr.K.V.RAJARAJAN Govt. 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 147, 148 and 302 of I.P.C., in Crime No.76 of 2016 on the file of the respondent police.

2. The case of the prosecution is that One Gurusamy gave a complaint before the Village Administrative Officer that on 05.07.2016, nearly 5 to 6 persons had chased the Kalian @ Ramachandran and attaked him with deadly weapons, as a result of which, he died on the spot.

3. The learned Senior counsel for the petitioner submits that the petitioner's brother succumed to attack in the year 2009 and one of the accused in such case have been done to death on 05.07.2016. He further submits that the petitioner is a voluntarily retired person from Central Government service on 01.03.2016 and he is a respectable person and has no bad antecedent and he has been falsely implicated on the alleged confession of first accused in this case and as per the confession of the first accused, the petitioner had provided a sum of Rs.10 lakhs towards commission of offence. https://hcservices.ecourts.gov.in/hcservices/

4.Heard the learned Government Advocate (Crl. Side).

5. On consideration of the facts and circumstances of the case and the rival 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, Sankarankovil 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 report before the respondent police daily at 10.00 a.m. until further orders.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.JEGANNATHAN Advocate SR.No.54357

ORDER

IN CRL OP(MD) No.17156 of 2016 Date :21/09/2016 akv SD/AAL-MPA/26.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/