Madras High CourtCRL OP(MD)/4304/2017ordered

Kumaran v. The Inspector Of Police

2017-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4304 of 2017 KUMARAN ... PETITIONER / ACCUSED-6 Vs State through THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO. 4/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MOORTHY Advocate For Respondent : Mrs.S.Prabha, 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 arrayed as A6 in Crime No.4 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 302 IPC @ 147, 148, 294(b), 341, 302 IPC @ 147, 148, 149, 294(b), 341, 302 IPC, 109 and 120(B) 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 submitted that it is alleged in the complaint that the petitioner along with other accused murdered one Mohan Raj. He would further submit that A1's father was murdered by the said Mohan Raj and in order to wreck vengeance, A1 and his friends murdered Mohan Raj. There is no specific overtact against the petitioner. This petitioner has been falsely implicated in this case. He has not committed any offence as alleged in the complaint.

4.The learned Government Advocate appearing for the respondent / Police submitted that totally there are 11 accused in this case. On the confession of A1, this petitioner has been arrayed as accused. Except this petitioner, all other accused were arrested and released on bail. There is no previous case against the petitioner. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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, Alangulam, Tirunelveli 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/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ALANGULAM, TIRUNELVELI DISTRICT 2 -do-throTHE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.MOORTHY Advocate SR.No.20684 SM:KKR:SAR 3:24.04.2017:2P/6C

ORDER

IN CRL OP(MD) No.4304 of 2017 Date :20/04/2017 https://hcservices.ecourts.gov.in/hcservices/