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Madras High CourtCRL OP(MD)/5980/2017ordered

V.Thennarasu, v. The Inspector Of Police,

2017-05-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.5980 of 2017 V.THENNARASU, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH OFFICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

(IN CRIME NO.3 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BHARATHI Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 406, 420, 120(b) and 506(ii) I.P.C. in Crime No.3 of 2017, on the file of the respondent Police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent Police. 3.The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he is innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) submitted that investigation is yet to be completed and hence, he opposed for granting anticipatory bail.

5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Virudhunagar on condition that the petitioner shall execute a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall deposit a sum of Rs.6,00,000/-(Rupees Six Lakhs only)to the credit of Cr.No.3 of 2017 before the learned Judicial Magistrate No.I, Virudhunagar within a period of eight weeks without prejudice to his defence in the criminal case and at the end of trial, the learned Judicial Magistrate may pass appropriate orders with regard to the disbursement of the amount; (b)the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560). sd/- 18/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSL TO 1 THE JUDICIAL MAGSTRATE NO.I, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH OFFICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

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

+1. CC to M/S.S.BHARATHI Advocate SR.No.22374 GJM/PN/SAR-I-23.5.17-2P-6C

ORDER

IN CRL OP(MD) No.5980 of 2017 Date :18/05/2017 https://hcservices.ecourts.gov.in/hcservices/