Madras High CourtCRL OP(MD)/6901/2017ordered

K.Saravanan, v. The Inspector Of Police,

2017-06-12Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) Nos.6901 and 6908 of 2017 1 K.SARAVANAN 2 M.SEKAR ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.6901 of 2017 K.PALANISAMY ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.6908 of 2017 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMNAD DISTRICT.

CRIME NO.291/2016 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.N.THAMIMUL ANSARI Advocate (IN BOTH THE PETITIONS) For Respondent : MR.A.RAMAR, Additional Public Prosecutor (IN BOTH THE PETITIONS) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused in Crime No.291 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 341, 365, 395 r/w. 397 of I.P.C., and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State.

3. The case of the prosecution is that the petitioners along with the other accused way laid the de-facto complainant and kidnapped the de-facto complainant and robbed a sum of Rs.9 lakhs from him.

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4. The learned counsel for the petitioners would submit that

the petitioners are no way connected with the offence and they have been falsely implicated in this case. He would further submit that the co-accused viz., A1 and A2 were arrested and released on bail and the petitioners are A5 and A6 and they were implicated only on the confession of A1.

5. Considering the facts and circumstances of the case and also considering the fact that the co-accused were already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 12/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,RAMANATHAPURAM. 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMNAD DISTRICT.

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

+2. CC to M/S.N.THAMIMUL ANSARI Advocate SR.No.24145 & 24146 AKV CSL/PM-PN/SAR-I/15.06.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.6901 & 6908 of 2017 Date :12/06/2017 https://hcservices.ecourts.gov.in/hcservices/