A. Baskar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16190 of 2018 A. BASKAR ... PETITIONER/ACCUSED NO (RANK NOT KNOWN) Vs STATE THROUGH THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, THIRUNELVELI DISTRICT.

(IN CR NO. 453 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.S.MALAIKANI 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 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(ii) and 120-B of IPC and Section 25(1A), 27(1) of Arms Act and Section 3, 4(b) and 5A of the Explosive Substances Act in Crime No.453 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the on 08.07.2018, a complaint received from one Johnpandiyan who is the political leader alleging that the defacto complainant is working as a watchman in his house, at that time, three persons came in a motor cycle and scolded him with filthy language about the political leader and they were trespassed into his house. Thereafter, one of the person threw petrol bomb in front of the house. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that even as per the confession statement, there is no specific overt act attributed against the petitioner/A6. He further submitted that he is an innocent person and he has been falsely implicated in this case.

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4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioner is having two previous cases. Further, A1 to A5 were already arrested and remanded to judicial custody.

5.Considering the facts and circumstances of the case, 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.I, Tirunelveli 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. 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/- 12/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, THIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.MALAIKANI Advocate SR.No.17441

ORDER

IN CRL OP(MD) No.16190 of 2018 Date :12/09/2018 MSI/RR/SAR-IV/18.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/