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Madras High CourtCRL OP(MD)/19163/2021allowed

Prabha @ Prabhakaran v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19163 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19163 of 2021 PRABHA @ PRABHAKARAN ... PETITIONERS/ACCUSED NO.2 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 301 OF 2021).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.K.Rajeshwaran, Advocate.

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. 301 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 24 of Arms Act, 1959, in Crime No.301 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons were in possession of a sword. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is having three previous cases at his credit and investigation is almost completed. 5.Though, the petitioner is having three previous cases at his credit, considering the fact that in this case the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19163 of 2021 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Devakottai, Sivagangai 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 the petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 06/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.K.RAJESWARAN, Advocate (SR-8981[I] dated 08/12/2021 ) ORDER IN CRL OP(MD) No.19163 of 2021 Date :06/12/2021 USK/PN/SAR-IV/(09.12.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2