Kathiresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16632 of 2018 KATHIRESAN ... PETITIONER / ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ILANCHEMPUR POLICE STATION, RAMANATHAPURAM DISTRICT.

IN CRIME NO.34 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.ARUN, 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 147, 148, 341, 294(b), 323, 324 and 307 of I.P.C. in Crime No.34 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that due to previous motive between the petitioner and the de-facto complainant, when the temple festival, the petitioner and others unlawfully assembled with deadly weapon and attacked the de-facto complainant with intend to kill him and caused injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner arrested and remanded into judicial on 28.06.2018. Thereafter, he was enlarged on bail by an order dated 06.07.2018 passed by the learned Principal District and Sessions Judge, Ramanathapuram, on condition that he shall report before stay at Trichy and report before Trichy Cantonment Police Station,daily at 10.00 a.m until further orders. Thereafter, he failed to comply with the condition as imposed by the Sessions Court. Further, the learned District Judge imposed a further condition that if the condition is not complied with, the bail order automatically dismissed. Hence, he apprehends arrest. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances and considering the age of the petitioner, 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 Court, Mudhukulathur, Ramanathapuram 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/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MUDHUKULATHUR, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, ILANCHEMPUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to Mr.B.ARUN Advocate SR.No.17735

ORDER

IN CRL OP(MD) No.16632 of 2018 Date :18/09/2018 MS/VR-MMS/SAR-1/20.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/