Madras High CourtCRL OP(MD)/18648/2016ordered

P. Raju Alias Rajasekaran v. The Inspector Of Police

2016-10-04Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18648 of 2016 1 P. RAJU ALIAS RAJASEKARAN 2 M. VIJAY ANAND 3 K. ANBAZHAGAN 4 S. CHELLADURAI 5 S. VEERAMANIKANDAN ... 1st PETITIONER/ACCUSED 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT, CR NO. 103/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.MANIKANDAN Advocate For Respondent : M/S.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C.

for the offences punishable under Sections 147, 294(b), 323 & 365 IPC in Crime No.103 of 2016 on the file of the respondent police. 2.The case of the prosecution is that due to some family dispute, the petitioners along with the first accused trespassed into the house of the de facto complainant, damaged the house and forcibly kidnapped and also assaulted the de facto complainant. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

5.Learned Government Advocate (Crl. Side) submits that the petitioners damaged the house of the de facto complainant and investigation is pending.

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6.On consideration of the facts and circumstances of the case 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, Thirupathur, 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; (iii)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 him from disclosing such facts to the Court or to any Police Officer;

(iv)petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE, SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.K.MANIKANDAN Advocate SR.No. 58410 nbj JA-SKS-RR-SAR.I/5.10.2016-2P:6C ORDER IN CRL OP(MD) No.18648 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/