Madras High CourtCRL OP(MD)/15657/2022granted

P.Gopi @ Gopinath v. The Inspector Of Police

2022-11-14Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.15657 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15657 of 2022 P.Gopi @ Gopinath ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

Crime.No. 114 of 2022.

... Respondent/Complainant For Petitioner : M/s.Alwin Balan.P.P., For Intervener : Mr.S.Nihar Ali For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 114 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 354(C), 509, 506(i) IPC, in Crime No.114 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The earlier anticipatory bail petition filed by the petitioner was dismissed by this Court on 25.07.2022. Again seeking anticipatory bail, this petition has been filed by the petitioner. 3.In this petition, this Court granted interim protection to the petitioner, on certain condition that he has to produce his mobile phone, which was used in the alleging offence. The petitioner also produced the mobile phone before the respondent Police and the same was sent for examination before RFSL, Chennai and report is awaited. In this regard, this matter is repeatedly adjourned.

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CRL OP(MD). No.15657 of 2022 4.On the side of prosecution, it is stated that it will take long time to receive the report.

5.In view of the above development, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate, Melur, on condition that the petitioner shall execute 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. During the course of investigation, if the respondent Police finds that custodial interrogation of the petitioner is necessary, he can very well approach the concerned Court.

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 stands dismissed.

sd/- 14/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 Do THROUGH THE CHIEF JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15657 of 2022 Date :14/11/2022 SS/BUC/SAR IV/17.11.2022/ 2P/ 5C https://www.mhc.tn.gov.in/judis 2/2