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Madras High CourtCRL OP/9024/2017granted

Chinnan @ Subramani (45) v. State Rep.By

2017-05-05Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9024 of 2017 1 CHINNAN @ SUBRAMANI [ PETITIONER / ACCUSED ] 2 ILAYAPPAN @ ANJUMANI Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, SANKARI POLICE STATION, SALEM DISTRICT.

CR.NO.463/2012.

For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 279 and 337 of IPC, on the file of the respondent police in Crime No.463 of 2012, seek anticipatory bail.

2. The case of the prosecution is that originally the case was registered for the offence u/s 279 and 337 of IPC against one Nagaraj, who is arrayed as A-2 in this case and he was convicted and paid amount. Subsequently, the de facto complainant filed a petition before the Judicial Magistrate and on that petition, re-investigation has not been ordered and thus, the petitioner and three others have been added as accused and the offences were also altered to u/s 307 read with 218, 219, 221, 203, 205 and 109 of IPC.

3. Learned counsel appearing for the petitioners submit that the occurrence is alleged to have taken place in the year 2012 and that the petitioners are having permanent residence and therefore, they may be granted anticipatory bail.

4. Learned Government Advocate [Crl. Side] though opposes this petition, concedes the grant of anticipatory bail to the prime accused.

5. Considering the grant of anticipatory bail to the prime accused, date of occurrence of the crime and the fact that the petitioners are having permanent residence and also the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Sankari and on each of them 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 Judicial Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

-sd/- 05/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, SANKARI.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SANKARI POLICE STATION, SALEM DISTRICT.

+1CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges SR NO.8413 CRL OP.9024/2017 Date :05/05/2017 MK:09/05/2017