Madras High CourtCRL OP(MD)/18165/2016ordered

Jothi Kasimayan v. The Inspector Of Police,

2016-09-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18165 of 2016 1 JOTHI KASIMAYAN 2 RAMAN 3 KASI MAYAN ... PETITIONERS/ACCUSED Nos.1 to 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT CR.NO. 260 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.VADIVELAN 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 :- Petitioners/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C for the offences punishable under Section 436 IPC in Crime No.260 of 2016 on the file of respondent police.

2. The case of the prosecution is that the defacto complainant suspected that the petitioners put up fire on his grocery shop due to business motive.

3.Learned counsel for petitioners submits that on a complaint informing suspicion of the defacto complainant that the petitioners put up fire on his shop, thereof, case was registered and the petitioners have no way connected with the case.

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

5. On consideration of the facts and circumstances of the case https://hcservices.ecourts.gov.in/hcservices/ and the submissions made, this Court is of the view that the

petitioners 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, Thirumangalam, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners 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 them from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall be available for interrogation by the respondent police daily at 10.30. am for a period of two weeks and thereafter, as and when required.

sd/- 26/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM,MADURAI DISTRICT. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

+1. CC to M/S.T.VADIVELAN Advocate SR.No.55654

ORDER

IN CRL OP(MD) No.18165 of 2016 Date :26/09/2016 PA/SK-SKN/SAR I/28.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/