CRL OP(MD)/17462/2011 of RAJAGOPAL Vs THE INSPECTOR OF POLICE on 28 December 2011

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENT

The Hon`ble Mr.Justice S.RAJESWARAN

CRL OP(MD) No.17462 of 2011

RAJAGOPAL : PETITIONER/ACCUSED NO.1

Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE KAYATHAR POLICE STATION,TUTICORIN DISTRICT.CRIME NO.368/2011: RESPONDENT/COMPLAINANT

For Petitioner : M/S. G.THALAIMUTHARASU AdvocateFor Respondent : Mr. C.RAMESH 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 respondentpolice for the alleged offence punishable under Section 174 Cr.P.C.altered into 304(A) of I.P.C. read with TNEB Chapter IV 23(2) F ACt140 in Crime No.368 of 2011 on the file of the respondent police. Hehas approached this Court for anticipatory bail under Section 438 ofCode of Criminal Procedure.

2. Heard Mr.G.Thalaimutharasu, learned counsel appearing for thepetitioner and Mr.C.Ramesh, learned Additional Public Prosecutorappearing for the respondent State.

3. The learned counsel for the petitioner would submit in hisargument that the petitioner has been falsely implicated in thiscase. It is also submitted that the petitioner has not connected withthe offence and he was not available at the time of occurrence.

https://hcservices.ecourts.gov.in/hcservices/4. The learned Additional Public Prosecutor would oppose thegrant of anticipatory bail to the petitioner.grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and alsoconsidering the fact that the petitioner has not even present at thetime of occurrence, this court is constrained to grant anticipatorybail to the petitioner.

6. Accordingly, the petitioner is directed to be released onbail, in the event of his arrest or on his appearance before theJudicial Magistrate concerned on executing a separate bond for a sumof Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each fora like sum to the satisfaction of the learned Judicial MagistrateNo.II, Kovilpatti, and on further condition that the petitionershall appear before the Court concerned every day at 10.30 a.m. untilfurther orders. The petitioner shall comply with the conditionstipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the Magistrate concernedwithin a period of 15 days, failing which, the anticipatory bailgranted shall stand automatically cancelled.

sd/-

28/12/2011

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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