Kumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20501 of 2015 1 KUMAR 2 SURESH 3 RAMESH 4 LOGESH 5 KUMARAPPA 6 MOHAN 7 ARIVUDAINAMBI 8 AROCKIASAMY 9 CHIDAMBARAM 10 ILANGOVAN 11 SARAVANAN 12 SUDHAKARAN 13 MUGASH 14 VIGNESHWAR 15 ANAND 16 RANI ... PETITIONERS/ACCUSED 1 TO 16 Vs THE SUB INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, KALLAKUDI, TRICHY DISTRICT.
(CR.NO.310/2015) ... RESPONDENT/RESPONDENT FOR PETITIONER : M/S D.ANBARASU ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A16, apprehending arrest at the hands of the respondent police, for the alleged commission of offences punishable under Sections 147, 294(b), 323 and 506(i) of I.P.C., in Crime No.310 of 2015, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners made life threat to the de-facto complainant. Therefore, the de-facto complainant gave a complaint before the respondent police and the same was registered in Crime No.310 of 2015, for the offences punishable under Sections 147, 294(b), 323 and 506(i) of I.P.C.
The petitioners have already filed Crl.O.P.(MD) No.15586 of 2015 before this Court. This Court, by order dated 17.08.2015, granted anticipatory bail to the petitioners therein, wherein at paragraphs 5 to 7, it has been held as follows:
"5.Considering 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 arrest or on their appearance before the learned Judicial Magistrate, Lalgudi, Trichy District, 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 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 for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which the petitions for anticipatory bail stand dismissed."
3. The petitioners have not complied with the condition imposed by this Court, dated 17.08.2015, in Crl.O.P.(MD) No.15586 of 2015 and the anticipatory bail petition was dismissed automatically.
4. Now, the petitioners have come out with the present petition for Anticipatory Bail on the ground that they could not arrange sureties within the time limit granted by this Court.
5. Considering the facts and circumstances of the case and being satisfied with the reasons given by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi, Trichy District, 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 Magistrate concerned and on further condition that the petitioners 1 to 15 shall appear before the respondent police daily at 10.00 a.m., until further orders and the 16th petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
6. The petitioners shall appear before the concerned Magistrate on or before 04.12.2015, failing which the petition for anticipatory bail stands dismissed.
sd/- 06/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE SUB INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, KALLAKUDI, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S D.ANBARASU Advocate SR.No. 65321
ORDER
IN CRL OP(MD) No.20501 of 2015 Date :06/11/2015 3P/6C TE/ARK-IK/SAR-I : 17/11/2015