Baskaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6537 of 2016 1 BASKARAN 2 SAMURAJ 3 MURUGANANTHAM ..PETITIONERS/ACCUSED 1,2 & 3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 206 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S R.VENKATESAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 324, 506(ii) and 379(NP) of IPC, in Crime No.206 of 2016 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to previous motive, the accused persons had abused the de-facto complainant with filthy language and attacked him, taken away 4-1/4 grams of gold chain and Rs.20,000/- cash and also threatened the de-facto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent has submitted that the accused persons had assaulted the defacto complainant and A1 had taken away 4-1/4 grams of gold chain and A2 had taken Rs.20,000/- from the bike of the de-facto complainant and so far, the stolen materials were not recovered from them. 5.Considering the specific allegation made against the petitioners 1 and 2, this court is not inclined to grant anticipatory bail to the petitioners 1 and 2 and hence, this petition is dismissed as against them. Considering the allegation made against the 3rd petitioner, this Court is inclined to grant anticipatory bail to him with certain conditions.

https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the 3rd petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Ramanathapuram 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 3rd petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The 3rd petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The respondent police is at liberty to secure the rd petitioner in the event of non-compliance of the above conditions .

7.The 3rd 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/- 25/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

+1. CC to M/S R.VENKATESAN Advocate SR.No.23353 ORDER IN CRL OP(MD) No.6537 of 2016 Date :25/04/2016 PBK/AN-MP/AR-I 02/05/2016 ::2P-6C::

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