Muniasamy Alias Mayilsamy v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19611, 19612 AND 19622 of 2016 MUNIASAMY ALIAS MAYILSAMY ... PETITIONER / ACCUSED NOT KNOWN IN CRL OP(MD)NO.19611/2016 BHARATHI ... PETITIONER / ACCUSED NOT KNOWN IN CRL OP(MD)NO.19612/2016 MUNIASAMY ... PETITIONER / ACCUSED NOT KNOWN IN CRL OP(MD)NO.19622/2016 Vs STATE, REPRESENTED BY, THE INSPECTOR OF POLICE, ELANCHEMBUR POLICE STATION, RAMNAD DISTRICT (CR.NO.72 OF 2016) ... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS For Petitioner : MR.PORKODI KARNAN, Advocate for M/S.POLEX LEGAL SOLUTIONS Advocate IN ALL THE PETITIONS For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec.
438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 302 of IPC, in Crime No.72 of 2016, on the file of the respondent police, seek anticipatory bail.
2. The Case of the prosecution is that due to previous enmity, the petitioners along with other accused attacked the deceased and caused death. On complaint, a case has been registered against the petitioners for the above said offences.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He further submitted that the petitioners' names are not mentioned in the FIR.
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4. The learned Government Advocate (Criminal Side) fairly submitted that no rank has been arrayed for these petitioners and the petitioners are arrayed as accused only based on the confession of the co-accused. She further submitted that co-accused have already released on anticipatory bail by this Court in Crl.O.P.(MD). No.19405 of 2016 5.Considering the facts and circumstances of the case and also considering the fact that no rank has been arrayed for the petitioners and also considering the fact that co-accused have already released on anticipatory bail , I am inclined to grant anticipatory bail to the petitioners with the following condition.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Mudukulathore, within a period of 10 days from the date on which the order copy made ready, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10 a.m. until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. sd/- 26/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
JIKR TO 1 THE JUDICIAL MAGISTRATE,MUDUKULATHORE 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE, ELANCHEMBUR POLICE STATION, RAMNAD DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADURAS HIGH COURT, MADURAI. +3. CC to M/S.POLEX LEGAL SOLUTIONS Advocate SR.Nos.63966,63967 and 63965 GJM/GSV/PM/SAR-I-1.11.16-2P-8C
ORDER
IN CRL OP(MD) No.19611, 19612 AND 19622 of 2016 Date :26/10/2016 https://hcservices.ecourts.gov.in/hcservices/