Madras High CourtCRL OP(MD)/23468/2013ordered

Nesamony v. The Sub-Inspector Of Police

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23468 of 2013 NESAMONY ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE SUB-INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARI DIST, CRIME NO.240/2013 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.SANKAR PRAKASH Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent police for the alleged offence punishable under sections 147, 341, 294 (b) and 506 (ii) IPC in Crime No.240 of 2013, seeks anticipatory bail.

2. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the case.

3. Learned Government Advocate(Crl. Side) submitted that no one is injured.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(crl. Side) appearing for the State and perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District and on executing a personal 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 the purpose of interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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 stands dismissed. sd/- 30/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB-INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARI +1. CC to M/S.C.SANKAR PRAKASH Advocate SR.No.64391 AA/02.01.2014/ 2p- 6c/

ORDER

IN CRL OP(MD) No.23468 of 2013 Date :30/12/2013 https://hcservices.ecourts.gov.in/hcservices/