Madras High CourtCRL OP(MD)/23767/2015ordered

Martin Arul v. The Inspector Of Police

2015-12-15Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23767 of 2015 1 MARTIN ARUL 2 PADMANABHAN 3 P. VICTORIA 4 ANITHA ... PETITIONERS/ ACCUSED NO.1 TO 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

(CR NO.540 OF 2015.) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.ROBINSON Advocate For Respondent : Mr.K.ANBARASAN Govt. 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 Nos.1 to 4, apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 341, 294(b) and 506(ii) of IPC, in Crime No.540 of 2015, on the file of the respondent police, seek anticipatory bail. 2.According to the defacto complainant, he was wrongly restrained by the petitioners and abused and threatened with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners and defacto complainant are practicing Advocates and due to previous enmity, there was wordy quarrel between them and no one sustained injury.

4.Learned Government Advocate (Crl.side) submitted that the de-facto complainant sustained simple injury and was discharged from the hospital. The petitioner has already filed Crl.O.P.(MD) No.20214 of 2015 before this Court. This Court,by order dated 01.10.2015, granted anticipatory bail to the petitioner therein, wherein at paragraphs 5 & 6, it has been held as follows:

"5.Considering the facts and circumstances of the case stated above, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petiitoners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Valliyoor and on 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

6.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 petition for anticipatory bail stands dismissed."

5.The petitioners did not comply the condition imposed by this Court, dated 01.10.2015, in Crl.O.P.(MD) No.20214 of 2015. 6.Now, the petitioners have come out with the present petition for Anticipatory Bail on the ground that he could not arrange sureties within the time limit granted by this Court.

7. Considering the facts and circumstances of the case and also the fact that this Court has already granted anticipatory bail to the petitioners, I am 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, Valliyoor, and on 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

8. The petitioners shall appear before the concerned Magistrate on or before 29.12.2015, failing which, the petition for anticipatory bail stands dismissed.

sd/- 15/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT. 3 THE INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.A.ROBINSON Advocate SR.No.71603

ORDER

IN CRL OP(MD) No.23767 of 2015 Date :15/12/2015 am NS/AAL-MPA/SAR II/22.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/