Madras High CourtCRL OP(MD)/4803/2017ordered

Dani @ Anthoni David v. The State Represented By

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.4803 of 2017 DANI @ ANTHONI DAVID ... PETITIONER/8th ACCUSED/ 8th ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 591/2016 ... RESPONDENT/COMPLAINANT/ COMPLAINANT For Petitioner : M/S.K.MANIKANDAN 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 A8 in Crime No.591 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 120(b), 147, 148, 506(ii), 302 r/w 149 and 109 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 the son of the defacto complainant. He would further submit that the respondent Police has already filed a final report before the learned Judicial Magistrate No.III, Dindigul and the same is taken on file in P.R.C.No.7 of 2017. 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.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate appearing for the

respondent / Police submitted that the earlier three anticipatory bail petitions filed by the petitioner has been dismissed by the learned Principal District and Sessions Judge, Dindigul. A1 to A7 were arrested and released on bail. Absconding charge sheet filed against the petitioner. There is no previous case against the petitioner. The investigation is pending.

5. Considering the facts and circumstances of the case and also considering the fact that though the case is of the year 2016, till date the respondent Police did not arrest the petitioner/accused and in order to facilitate the investigation, 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 No.III, Dindigul 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 NO.III, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.K.MANIKANDAN Advocate SR.No.20700 GCG CSL/BS/SAR-II/24.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4803 of 2017 Date :20/04/2017 https://hcservices.ecourts.gov.in/hcservices/