Madras High CourtCRL OP(MD)/10350/2018partly allowed

T.Karuppasamy v. The Inspector Of Police

2018-06-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10350 of 2018 1 T.KARUPPASAMY 2 RAMAN @ RAMASUBBU 3 MURUGAN 4 SUBBIAH 5 BALASUBRAMANIAN @SUBBIAH 6 DAVID KARTHICK ... PETITIONERS / ACCUSED NOS.3&4 AND OTHER RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE SRIVAIGUNDAM, TUTICORIN DISTRICT.

IN CRIME NO.131 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.M.VEILKANI RAJU 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 petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 147, 148, 294 (b), 506 (ii) and 307 of I.P.C. and Section 3 of Explosives Substances Act, 1908 in Crime No.131 of 2018.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. side) appearing for the respondent submitted that the first and second petitioners have already moved this Court for anticipatory bail petition and it was dismissed. 4.This aspect is not set out in the present petition. There is a specific allegation against the fourth petitioner viz., Subbiah respectively that he threw the country bomb in question. Therefore, this Criminal Original Petition is dismissed in so far as the petitioners 1, 2 and 4 are concerned.

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5.Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioners 3, 5 and 6 with certain conditions. Accordingly, the petitioners 3, 5 and 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikandum and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 3, 5 and 6 shall appear before the respondent police as and when required for interrogation. The petitioners 3, 5 and 6 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 3, 5 and 6 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 shall stand dismissed.

sd/- 25/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKANDUM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, SRIVAIGUNDAM, TUTICORIN DISTRICT.

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

+1. CC to M/S.M.VEILKANI RAJU Advocate SR.No.11277 TSG GJM/CM/VR/RNB/28.6.18-2P-6C

ORDER

IN CRL OP(MD) No.10350 of 2018 Date :25/06/2018 https://hcservices.ecourts.gov.in/hcservices/