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Madras High CourtCRL OP(MD)/459/2017ordered

Ramesh v. The Inspector Of Police,

2017-04-03Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.459 of 2017 RAMESH ... PETITIONER/ACCUSED Vs STATE THROUGH ITS THE INSPECTOR OF POLICE, KEELAVALAVOO POLICE STATION, MADURAI.

CRIME NO.373 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MP.AMALAN 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.373 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 Cr.P.C. @ 302, 120(b), 201 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 the deceased is the defacto complainant's brother and initially the case was registered as man missing and later on, it was altered as the case of murder. On the confession of A1, he was, subsequently, implicated as accused in this case. The petitioner is the neighbour and the allegation against him is that he helped for screening the offence. The prime accused and the other accused were arrested and released on bail. The petitioner is only a neighbour. He has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate appearing for the respondent / Police submitted that except this petitioner, all the other accused were arrested and released on bail. The petitioner has no bad antecedent. 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, Melur and on 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 conditions 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/- 03/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, KEELAVALAVOO POLICE STATION, MADURAI.

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

+1. CC to M/S.S.MP.AMALAN Advocate SR.No.18851

ORDER

IN CRL OP(MD) No.459 of 2017 Date :03/04/2017 SMA/PM-PN/SAR-2/06.04.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/