Madras High CourtCRL OP(MD)/17382/2015disposed of

A. Francis v. The Inspector Of Police

2015-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17382 of 2015 A. FRANCIS ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVEKAMPETT POLICE STATION, THIRUVEKAMPATHUR, SIVAGANGAI DISTRICT.

(IN CRIME NO. 204 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.GANDHI Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 147, 448, 427 and 506(i) of IPC, in Crime No.204 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, he is running a shop constructed by the Village Panchayat near the National Highways and on 02.09.2015, the accused have damaged the goods belonging to the de-facto complainant..

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner is the President of Sarugani Panchayat and there was a dispute between A1 and A2 with the de-facto complainant, in which the petitioner has been falsely implicated in this case. It is further submitted that the prima accused namely A1 and A2 were arrested and released on bail by the lower court. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioner has no bad antecedent. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Devakottai 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 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, DEVEKOTTAI.

2.THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE THIRUVEKAMPETT POLICE STATION, THIRUVEKAMPATHUR,SIVAGANGAI DISTRICT.

+1. CC to M/S R.GANDHI Advocate SR.No.52809

ORDER

IN CRL OP(MD) No.17382 of 2015 Date :08/09/2015 RG.10.09.2015/AAL/MPA/SAR-II 2P/6C.

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