Você está na página 1de 6

MEMORANDUM OF CRIMINAL ORIGINAL PETITION

IN THE HIGH COURT OF JUDICATURE AT MADRAS


(Under Section 438 of Cr.P.C)
Crl.O.P.No. of 2013
In
FIR No.110 of 2018

Gopinath(aged 20 yrs),
S/o. Murugan …Petitioners/Accused
-Vs-
The Sub Inspector of Police,
Panamadanki Police Station,
Pallathur Rd,Panamadangi,
Vellore District,
Tamil Nadu 632202,
FIR No.110/2018 …Respondent

PETITION FOR ANTICIPATORY BAIL UNDER SECTION 438 OF Cr.P.C

The Petitioners/Accused begs to submit as follows:

1. The address for service of notice and summons on the petitioners are
that of their counsel Ms.J.Masani Monisha, Mr.Damodharn at No.102,
Choudhary Nagar 11th Street, Valasaravakkam, Chennai – 600087.

2. The Petitioner approaches this Hon’ble Court with the prayer that this
Hon’ble Court may be pleased to exercised its jurisdiction under section
438 of Cr. P. C. and this Hon’ble court may be pleased to release the
Applicant above named on bail on any suitable terms and conditions, as
this Hon’ble Court may deem fit and proper, in the event of his arrest in
connection with the Panamadanki Police Station FIR No.110/2018,
registered under Section 294(b), 323, 324, 392 and 506(i) of I.P.C.
3. The petitioners humbly submit that the case of the prosecution is that
the petitioner had assaulted and abused the defacto complainant during
a quarrel between the petitioner and defacto complainant and committed
robbery of Rs.1000/-. The statement of complainant was recorded and
offence was registered against the petitioner in Panamadanki Police
Station FIR No.110/2018, registered under Section 294(b), 323, 324, 392
and 506(i) of I.P.C.
Here to annexed and marked as “Exhibit – A” is the Copy of the said
F.I.R. in Panamadanki Police Station.

4. The petitioner submits that the FIR lodge by the complainant is


absolutely false and on the contrary the complainant had assaulted and
abused the petitioner when the petitioner tried to take his minor brother
from playing prohibited gambling games with and influenced by the
defacto complainant. The petitioner submits the petitioner had recorded
statement of his complainant and offence was registered against the
defacto complainant in Panamadanki Police Station FIR No.111/2018,
registered under Section 294(b), 323, 324 and 355 of I.P.C.
Here to annexed and marked as “Exhibit – B” is the Copy of the said
F.I.R. in Panamadanki Police Station.

5. The petitioner submits that the defacto complainant Selvam was friend
with petitioner’s minor brother one Gunashekar aged 17years and that
the defacto complainant constantly influenced petitioner’s minor brother
in playing prohibited gambling games with alcohol and smoking AND
that the petitioner many times previously had verbal quarrel with the
defacto complainant asking him not to corrupt and influence his minor
brother in illegal activities.

6. The petitioner submits that due to personal enmity between the


petitioner and defacto complainant and due to family feud a false
complaint with bogus facts was lodged against the petitioner before
police station under section.
7. The petitioner submits that in the circumstances the petitioner preferred
an Application for Anticipatory bail bearing Cr.M.P.No.3784/2018 and
after hearing both the side the Learned Principal Sessions Judge, Vellore
District by an Order dated 23/08/2018 rejected the said Application. The
Copy of the said Order dated 23/08/2018 passed by the Learned
Principal Sessions Judge, Vellore District in Cr.M.P.No.3784/2018 is
annexed herewith and marked as “Exhibit – C”.

8. That the Court below has failed to consider all the facts and
circumstances of the case and has wrongly dismissed the anticipatory
bail application.

9. The petitioner submits that the petitioner is innocent and had not
committed any offence as alleged by the respondent police.

10. The petitioner submits that the petitioner is working as electrician and he
is the only bread winner of the family.

11. The petitioner submits that the petitioner apprehends arrest by the police
in the above said Non-Bailable case throwing the petitioner and his
family to mental harassment, trouble and physical inconvenience.

12. The petitioner submits that the petitioner belongs to good family and no
there are no criminal antecedents against the Petitioner.

13. The petitioner submits that neither any recovery is to be effected from the
petitioner nor the petitioner is in a position to temper with the
prosecution evidence. The petitioner will associate with the investigation
when ever required to do so and that there is no apprehension for
absconding or evading of taking trial.

14. The petitioner submits that the petitioner undertakes to abide by all the
terms and conditions as imposed by the Hon’ble court in the event of
bail.
15. The petitioner submits that the petitioner is ready and willing to accept
any other conditions as may be imposed by the Court or the police in
connection with the case

PRAYER

It is therefore prayed that this Hon’ble court may be pleased to enlarge the
petitioner herein on bail in the event of his arrest in FIR No. 110 of 2018 on
the file of respondent police and any other order which this Hon’ble court
may deem fit and proper in the facts and circumstances of the case may be
also passed in favor of the petitioner thus render justice..
Dated at Chennai on this the 30th day of August 2018 in Chennai.

COUNSEL FOR PETITIONER

VERIFICATION

I, Gopinath, son of Murugan, aged 20years, by occupation electrician at


Chennai do hereby solemnly affirm and say as follows:
1. I am the petitioner above-named. I know the facts of this case and I
am able to depose thereto.
2. The statements in paragraphs 1 to 15 in the foregoing petition are true
to my knowledge and belief.
3. I sign this verification on the 30th day of August, 2018 in Chennai.

Solemnly affirmed by the said Gopinath on 30th day of Augest 2018 in


the High Court of Madras.

Counsel for the Petitioner Deponent


MEMORANDUM OF CRIMINAL ORIGINAL PETITION
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Under Section 438 of Cr.P.C)
Crl.O.P.No. of 2013
In
FIR No.110 of 2018

Gopinath(aged 20 yrs),
S/o. Murugan …Petitioners/Accused
-Vs-
The Sub Inspector of Police,
Panamadanki Police Station,
Pallathur Rd,Panamadangi,
Vellore District,
Tamil Nadu 632202,
FIR No.110/2018 …Respondent

AFFIDAVIT IN SUPPORT OF THE PETITION

I, Gopinath, do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 438 CrPC has been
drafted at my instance and under my instructions.

2. That the contents of paras 1 to 17 are true and correct to the best of
my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine
is correct and true, no part of it is false and nothing material has been
concealed therein.
Affirmed here at Chennai on 30th August, 2018.

Counsel for the Petitioner Deponent

VERIFICATION

I Gopinath, Age - 20 years, the Petitioner above named, residing at


Panamadanki, Vellore District do hereby state on solemn affirmation
that what is stated in the above paragraphs is true & correct to the best
of my knowledge & information, which I believe to be true.
I sign this verification on the 30th day of Augest 2018 in Chennai.

Solemnly affirmed by the said Gopinath on 30th day of Augest 2018 in


the High Court of Madras.

Counsel for the Petitioner Deponent