The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, an accused in a case involving fire accidents during temple festival preparations, after hearing counsel for both sides.
Petitioner released on bail in event of arrest on executing bond and with two sureties, appearing before Magistrate within 15 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Sixth day of June Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.8984 of 2018
KALIMUTHU ... PETITIONER / ACCUSED No.2
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT CRIME NO.281/2018 ... RESPONDENT / COMPLAINANT
For Petitioner : Mr.M.KANNAN Advocate
For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side)
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 respondent police for the offences punishable under Sections 285 and 338 of Indian Penal Code and Section 9(B)(1)(b) of Explosives Act, 1884 in Crime No.281 of 2018, seeks anticipatory bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.
3.The occurrence in question took place on 29.05.2018. the crackers had been stored in connection with the temple festival. Due to lack of adherence safety standard, they got set fire and as a result the accident took place. The petitioner is said to be a worker. Therefore, custodial interrogation may not be necessary for carrying on investigation.
4.Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/ appearance before the learned Judicial Magistrate Court No.III, Dindigul and on his executing a bond for a sum of Rs.10,000/-
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(Rupees Ten Thousand only) with two sureties 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 interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/06/06/2018 / TRUE COPY /
TO
+1. CC to M/S.M.KANNAN Advocate SR.No.9659
GNS
JAM/11/06/2018/ CSL-RR /RNB/ 2P-6C
ORDER
IN
CRL OP(MD) No.8984 of 2018
Date :06/06/2018
2 issues framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. to a worker alleged in the storage of crackers
Whether the apprehension of arrest is reasonable and custodial interrogation necessary for investigation
3 provisions across 3 enactments
KALIMUTHU
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
