K.Seinivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8689 of 2016 K.SEINIVASAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI CITY.

CR. NO.211/2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : MR.P.KANNITHEVAN Govt. 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 accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 306 of IPC, in Crime No.211 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the deceased demanded properties and money from the petitioner, who is the son of the deceased through his first wife and the petitioner refused to give money and properties. Due to that, the deceased consumed poison on 20.02.2016 and he died on 21.02.2016.

3.The case of the petitioner is that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The defacto complainant is the second wife of the deceased. The deceased consumed poison on 20.02.2016 and she has given a complaint only on 21.02.2016.

4.The learned counsel for the petitioner submitted that the deceased left the petitioner in the year 1985 itself. On 23.12.1985 the deceased executed a release deed in favour of the petitioner's mother wherein he has declared that he has spent all his retirement benefits. In such circumstances, no occasion will arise. https://hcservices.ecourts.gov.in/hcservices/

5.Heard the learned Government Advocate (Crl.side). 6.Considering the nature of allegations, 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 No.IV, Madurai and on 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., for a period of two weeks and thereafter, as and when required. 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/- 08/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, am Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,NOIV, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.29025 GJM/PEK/SAR-III-9.6.16-2P-6C

ORDER

IN CRL OP(MD) No.8689 of 2016 Date :08/06/2016 https://hcservices.ecourts.gov.in/hcservices/