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Madras High CourtCRL OP(MD)/15984/2018ordered

Naveen Kumar @ Naveen v. The Inspector Of Police,

2018-09-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15984 of 2018 NAVEEN KUMAR @ NAVEEN ... PETITIONER/ACCUSED NO.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.70 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.S.KAMESWARAN Advocate For Respondent : MR.V.NEELAKANDAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 342, 294(b) and 506 (ii) of I.P.C. in Crime No.70 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 18.05.2018, the petitioner along with other accused went to the de-facto complainant for registration of a property as assured by the first and third accused. At that time, the first and third accused abused the defacto complainant with filthy languages and also assaulted him. They also snatched a sum of Rs.4,50,000/-[Rupees four lakhs fifty thousand only] from the de-facto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the occurrence, admittedly took place on 18.05.2018 and the present complaint has been lodged only on 30.08.2018. Further, the petitioner accompanied with the other accused person and there is no complaint as against the petitioners as per the first information report. Hence, he prays for anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor appearing for the respondent opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances, 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, Devakottai 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. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.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 shall stand dismissed.

sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE DEVAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.KAMESWARAN Advocate SR.No.17174

ORDER

IN CRL OP(MD) No.15984 of 2018 Date :06/09/2018 MSI/PN/SAR-I/17.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/