Madras High CourtCRL OP(MD)/11987/2018partly allowed

Prabakaran v. The Inspector Of Police

2018-07-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11987 of 2018 1 PRABAKARAN 2 BOOMIRAJAN 3 SETHUPATHI 4 ARAVINDAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REP.BY INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.124 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.D.BALAMURUGAPANDI Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, and 506(ii) I.P.C, in Crime No.124 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners. 3.The learned Government Advocate (Criminal side) submitted that the first petitioner is having one previous case. The second petitioner is not an accused in this case.

4.Taking note of the fact that the first petitioner is having one previous case, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed as regards the first petitioner is concerned. 5.Taking note of the fact that the second petitioner is not an accused, this Criminal Original Petition is closed as regards the second petitioner is concerned.

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6.This Court went through the contents of the First Information Report. It is seen that the petitioners are said to have threatened to the police parties. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 3 and 4 with certain conditions. Accordingly, the petitioners 3 and 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 3 and 4 shall appear before the respondent police as and when required for interrogation.

The petitioners 3 and 4 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 3 and 4 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/- 16/07/2018 / 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 THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.13115 MSA GJM/CSL/VK/23.7.18-2P-6C

ORDER

IN CRL OP(MD) No.11987 of 2018 Date :16/07/2018 https://hcservices.ecourts.gov.in/hcservices/