Natarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8208 of 2017 NATARAJAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT CRIME NO. 234 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as an accused in Crime No.234 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 of Cr.P.C.

, @ under Section 120(B), 364, 302 and 379 of I.P.C. and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the defacto complainant, who is the Village Administrative Officer had received an information that one unidentified male dead body was found place near to Indira Nagar Bus stop, the respondent police registered the case under Section 174 of Cr.P.C. and based on the confession of one Ganapathy and Muruganantham, the police altered the case nto Section 120(B), 364, 302 and 379 of I.P.C.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor appearing for the

State would submit that based on the confession statement given by A2, the petitioner has been arrayed as an accused and the main accused in the case has been arrested. He has further submitted that the petitioner is an astrologer and he has informed the coaccused that he has beaten his and hence, they committed murder and the investigation is going on.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur 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 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 30/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MELUR.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.25613 SKM/ARUL CSL/CM-MSA/SAR-I/04.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8208 of 2017 Date :30/06/2017 https://hcservices.ecourts.gov.in/hcservices/