Mappillai Chamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mappillai Chamy ... Petitioner/ Accused No.1

Versus

The Inspector of Police, Mudukulathur Police Station, (Crime No.68 of 2024)

...Respondent/ Complainant

For Petitioner :

Mr.S.Balasubramanian, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticiipatory Bail in Crime No.68 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the Police in connection with a case in Crime No.68 of 2024 for the offence under Sections 294(b) and 506(i) IPC r/w. Section 3(1) of TNPPDL Act, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the defacto complainant's lorry bearing Reg.No.TN69L 7579 was set on fire, which was parked at Chandra Petrol Bunk. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that based on the confession statement of the coaccused, this petitioner has been implicated in this case.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the defacto complainant suspected that the accused persons might have committed the offence, based on which, the accused persons were arrested.

5. Considering the nature of offence and also considering the fact that the petitioner has been implicated based on the confession statement of the co-accused, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Muthukulathur, (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation. He has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

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(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 17/04/2024 / TRUE COPY / 17/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Judicial Magistrate, Mudukulathur, Ramanathapuram District.

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, Muthukulathur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.BALASUBRAMANIAN, Advocate ( SR-4562[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5644 of 2024 Date :17/04/2024 4/5

ED/ /SAR- (17/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5