K. Kalidass v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22001 of 2015 1 K. KALIDASS 2 P. KARTHICK 3 V. MUTHUKARUPPAN 4 KARU.SUNDAR 5 N. PANDISELVAM ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY.
(CRIME NO.683 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.KUMARATHESIGAN 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 accused, apprehending arrest at the hands of the respondent police, for the alleged commission of offences punishable under Sections 147, 448, 427, 342, 294(b), 506(i) of IPC, in Crime No.683 of 2015, on the file of the respondent police, seek anticipatory bail.
2. The case of the petitioners is that already the main accused viz., A1 to A3 have been granted anticipatory bail by this Court in Crl.O.P. (MD)No.9573 of 2015 and therefore, these unnamed accused persons in this First Information Report should also be granted anticipatory bail. The petitioners have already filed Crl.O.P.(MD) No.15922 of 2015 before this Court. This Court, by order dated 20.08.2015, granted anticipatory bail to the petitioners therein, wherein at paragraphs 3 and 4, it has been held as follows:
"3.Considering the above stated circumstances, 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 No.II, Madurai 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 10.30 a.m., for a period of one week and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. 4.The petitioners shall appear before the concerned Magistrate within https://hcservices.ecourts.gov.in/hcservices/
a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed."
3. The petitioners have not complied with the condition imposed by this Court, dated 20.08.2015, in Crl.O.P.(MD) No.15922 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 the third petitioner is affected by severe jaundice and taking native treatment and the fourth petitioner is suffering from viral fever. Hence, 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 No.II, Madurai, 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 10.30 a.m., for a period of one week and thereafter as and when required. 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 08.12.2015, failing which the petition for anticipatory bail stands dismissed.
sd/- 20/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH,MADURAI CITY. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.KUMARATHESIGAN Advocate SR.No.66728
ORDER
IN CRL OP(MD) No.22001 of 2015 Date :20/11/2015 CSL/SKS-RR/SAR-I/26.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/