Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18273 of 2018 MAHARAJAN ... PETITIONER / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, THATCHANALLUR POLICE STATION, TIRUNELVELI.

(CR NO.190 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.MOHAN GANDHI 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 448, 294(b), 506 (ii) I.P.C and Section 4 of TNPHW Act and Section 3 of TNPPDL Act, in Crime No.190 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that after the following incident that one namely, Thangaraj and others namely Murugan, Senthil, Vijajakumar and Mahendran belong to Village of Alaganeri, Tirunelveli murdered one namely, Sentilkumar belong to the same village. On 30.09.

2018, three unknown persons came to the house of Thangaraj, on the next day viz., 01.10.2018 at about 08.00.am, and asked the mother of the said Thangaraj about the involvement of her son in the said murder and used filthy language and damaged her house hold articles such as Washing Machine. TV, Bridge, Windows and etc., and rushed away from the scene of occurrence place. The mother of Thangaraj gave complaint to the respondent police and the case was registered.

3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

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4.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 bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.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/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.S.M.MOHAN GANDHI Advocate SR.No. 19469

ORDER

IN CRL OP(MD) No.18273 of 2018 Date :11/10/2018 JM/PN/SAR 2/11.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/