M.Nagarajan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P. No. 7354 of 2020 M. Nagarajan S/o. B. Mohan, No. C-14, Poonthottam III Street, Pazhavanthangal, Chennai 600 114.

..Petitioner/A5 Vs.

The State rep. by its Inspector of Police, S-9, Pazhavanthangal Police Station, Chennai District.

[Crime No. 248 of 2019] .. Respondent Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioner : Mr. M. Ravikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. side) 1/4

O R D E R

The petitioner, who was arrayed as Accused No.5, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) IPC in Crime No.248 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) and perused the entire materials available on record.

3. From the materials available on record, it is seen that the petitioner along with other three accused earlier filed Crl.O.P.No.20824 of 2019 before this Court seeking anticipatory bail. By order of this Court dated 02.08.2019 the petitioner alongwith other three accused were ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Alandur, on condition that the petitioner shall execute a 2/4

bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each to the like sum for the satisfaction of the respondent police or the police officer who intends arrest or to the satisfaction of the learned Judicial Magistrate concerned failing which the petition shall stand dismissed. The petitioner has not complied with the order of this Court dated 02.08.2019 made in Crl.OP No.20824 of 2019 and therefore has come out with the present petition seeking anticipatory bail.

4. According to the petitioner, he suffered from nerve ailment and for taking treatment, he went to his native place. Hence, he could not execute the surety within the time. The reason given by the petitioner for not complying with the conditions imposed by this Court in the earlier order dated 02.08.2019 made in Crl.O.P.No.20824 of 2019 is not valid. Therefore, the present Criminal Original Petition is dismissed. 28.04.2020 Index : Yes / No kj 3/4

V.M.VELUMANI, J., kj/rgr To 1.The Inspector of Police, S-9, Pazhavanthangal Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

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