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Madras High CourtCRL OP(MD)/15240/2018ordered

J. John @ Johnpanniyan, v. The Sub Inspector Of Police,

2018-08-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15240 of 2018 J. JOHN @ JOHNPANNIYAN, ... PETITIONER / ACCUSED NO.1 RANK NOT KNOWN Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, KOTTAIPATTINAM POLICE STATION, PUDHUKOTTAI DISTRICT.

CRIME NO.38 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.I.SABEER MOHAMED Advocate For Respondent : Mr.M.ASOKAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 364(A) and 506(ii) I.P.C, in Crime No.38 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 15.07.2018 at about 4.45 a.m six persons under the head of one Muthukumar came to the alleged occurrence place and kidnapped the defacto complainant's father and demanded money from the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. He further submitted that the accused nos.7 and 8 also obtained anticipatory bail in Crl.O.P(MD).No.13594 of 2018, dated 01.08.2018. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation is pending. 5.It is seen that the main accused Muthukumar and the so called victim were originally business partners. In order to resolve https://hcservices.ecourts.gov.in/hcservices/

the said dispute, the petitioner has played the role of mediator. Further, it is seen that this Court had already granted anticipatory bail to the Accused Nos.7 and 8.

6.Taking note of all these aspects, 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, Aranthangi 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 until further orders. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KOTTAIPATTINAM POLICE STATION, PUDHUKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.I.SABEER MOHAMED Advocate SR.No.16243

ORDER

IN CRL OP(MD) No.15240 of 2018 Date :28/08/2018 MV:JC:SAR2:05/09/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/