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Madras High CourtCRL OP(MD)/16339/2018ordered

Siluvai Pitchai @ Silvaster, v. The Inspector Of Police,

2018-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16339 of 2018 SILUVAI PITCHAI @ SILVASTER ... PETITIONER/ACCUSED No.22 Vs THE STATE OF TAMILNADU, THE INSPECTOR OF POLICE, VELLICHANTHAI POLICE STATION, KANYAKUMARI DISTRICT.

CR.NO.203/2000 ... RESPONDENT/COMPLAINANT For Petitioner : MR.R.RUSSEL RAJ, 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 147, 148, 307, 427 r/w 149 I.P.C, and 4 and 5 of Explosives Substance Act, in Crime No.203 of 2000, seeks anticipatory bail.

2.The case of the prosecution is that some unknown persons formed unlawful assembly with deadly weapons and attacked the defacto complainant and threw bomb towards the defacto complainant and caused damage of Rs.5,000/-. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the charge sheet has been laid and the trial court took cognizance in P.R.C.No.12 of 2017. 5.Taking note of 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 https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District 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 trial court daily at 10.30.am., 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/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.

2 DO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, VELLICHANTHAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to MR.R.RUSSEL RAJ, Advocate SR.No.17879

ORDER

IN CRL OP(MD) No.16339 of 2018 Date :19/09/2018 PK/JC/SAR-4/27.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/