Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18755 of 2016 AYYAPPAN ... PETITIONER/ACCUSED No.10 Vs THE STATE REP. BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI, CR NO. 207 OF 2016.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MANIKANDAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457, 449, 397 subsequently altered to 457, 449, 397, 307 and 120 B of IPC, in Crime No.207 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that the accused persons entered into the house of the defacto complainant with aruval and attacked him brutally and taken away the valuables from his house, due to previous enmity.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is arrayed as A10 and the investigation is almost over and the charge sheet also filed and the same is taken cognizance in PRC No.73 of 2016 by the learned Judicial Magistrate, Sivagangai. He further submitted that this is the third anticipatory bail petition of the petitioner.

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5.Considering the facts and circumstances of the case and also considering the change of circumstances, I am inclined to grant anticipatory bail to the petitioner with the following condition. 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.I, Sivagangai, within a period of 10 days from the date on which the order copy made ready, and on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty 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 Trial Court on all the hearing dates without fail. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MANIKANDAN Advocate SR.No.58110

ORDER

IN CRL OP(MD) No.18755 of 2016 Date :03/10/2016 jikr SH/GSV-PM/SAR-II:05.10.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/