Madras High CourtCRL OP/9875/2017granted

Ganapathi, M/A-44 Years v. State Rep.By

2017-07-25Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9875 of 2017 GANAPATHI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SENDAMANGALAM POLICE STATION, NAMAKKAL DISTRICT.

CR.NO.430 OF 2016.

For Petitioner : M/S.S.PARAMESWARAN Advocate For Respondent : MR.C.IYYEPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard both sides.

2. The petitioner, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 177, 419 and 420 IPC on the file of the respondent police in Crime No.430 of 2016, seeks anticipatory bail.

3. It is averred in the petition that the petitioner is innocent of the offence; that the charge sheet has been laid in this case and he is having permanent residence and therefore, he may be granted anticipatory bail.

4. The learned Additional Public Prosecutor opposes this petition contending that investigation is nearing completion and he involved in two other cases of similar nature. However, he concedes that the petitioner is on bail in those two cases.

5. Considering the date of occurrence, the fact that the petitioner has not been apprehended so far, nature of offence, the fact that the petitioner is having permanent residence and also the facts and circumstances of this case, this Court is inclined to grant Anticipatory Bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Namakkal and on his 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 petitioner 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 petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Judicial 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/- 25/07/2017 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. II, NAMAKKAL.

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

4 THE INSPECTOR OF POLICE, SENDAMANGALAM POLICE STATION, NAMAKKAL DISTRICT. +1CC to M/S.S.PARAMESWARAN Advocate on payment of necessary charges SR.NO. 13909 CRL OP.9875/2017 Date :25/07/2017 EGR 27/07/2017