K.Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12193 of 2018 1 K.VIJAYAKUMAR 2 K.SURESH 3 A.SURESH ... PETITIONERS/ACCUSED RANK A7 TO A9 Vs STATE REP.BY, THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

IN CRIME NO.18 oF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.R.VENKATESWARAN, Advocate For Respondent : MR.A.ROBINSON, Government 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), 324, 307 & 506(ii) IPC @ 120(b), 147, 148, 294(b), 506(ii) & 302 IPC in Crime No.18 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The occurrence in question had taken place on 17.02.2018. One Muniyasamy was done to death. The persons who allegedly committed the murder are named in the First Information Report itself as A1 and A4. One Arumaidurai figures as A2. The deceased is said to have given false case implicating all the family members. This appears to be the motive.

4.The petitioners have been arrayed as accused only based on the confession statement of the second accused. The second accused is none other than the father of the third petitioner herein. Even a reading of the confession statement, it shows that the petitioners have not played any major role. The petitioners are now working as https://hcservices.ecourts.gov.in/hcservices/

Police Constables in Armed Reserve. Hence, the question of their abscondence does not arise.

5.Taking note of the all these aspects, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Paramakudi 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 18/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRCIT 3 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.VENKATESWARAN, Advocate SR.No.13324

ORDER

IN CRL OP(MD) No.12193 of 2018 Date :18/07/2018 PK/JC/SAR-1/26.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/