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Madras High CourtCRL OP(MD)/8777/2018allowed on condition

V.Udayakumar v. The Inspector Of Police

2018-06-01Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8777 of 2018 V.UDAYAKUMAR ... PETITIONER/1ST ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT CRIME NO. 166/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.GOKULRAJ Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 471, 385, 388 and 506(i) IPC, in connection with a case in Crime No.166 of 2018 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons have demanded a sum of Rs.10 Lakhs from the de-facto complainant and also threatened the de-facto to publish false news in the channel. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the State and perused the materials available on record. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

5.The learned Government Advocate (Criminal side) submitted that in this case, investigation is in going on and in the alleged occurrence, no one has sustained injury.

https://hcservices.ecourts.gov.in/hcservices/ 6.It is seen from the records that as per the prosecution case, the date of occurrence is 10.05.2018, but the de-facto complainant

has given the complaint only on 21.05.2018. No proper explanation was given for the delay in giving the complaint. Further, in this case, some of the co-accused were granted anticipatory bail by this court in Crl.O.P(MD)Nos.8728 and 8736 of 2018, dated 23.05.2018. Under these circumstance, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Kodaikanal and on his 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 petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner 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/- 01/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KODAIKANAL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.GOKULRAJ Advocate SR.No.9322 GJM/CM/VR/ASVM/6/6/18-2P-6C

ORDER

IN CRL OP(MD) No.8777 of 2018 Date :01/06/2018 https://hcservices.ecourts.gov.in/hcservices/