Madras High CourtCRL OP(MD)/11433/2017ordered

Gunas @ Gunasekaran, v. The Inspector Of Police,

2017-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.11433 of 2017 GUNAS @ GUNASEKARAN ... PETITIONER/ACCUSED Vs STATE BY THE INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, THENI DISTRICT.

CRIME NO.156 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.RAJAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.4, in Crime No.156 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 324 and 506(i) of I.P.C., and Section 4 of Prohibition of Harassment of Women Act, 2002 and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD) No.2815 of 2017, vide order dated 14.03.2017 on condition that the petitioner shall execute sureties within a period of fifteen days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed. But the petitioner could not execute the sureties within the time prescribed by this Court as he was going several places in Tamil Nadu due to his nature of job. Hence, the petitioner has come forward with this petition for anticipatory bail. He further submitted that the name of the petitioner is "Gunasekaran", but in the F.I.R, his name has been wrongly mentioned as "Gulasekaran".

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3. The learned Additional Public Prosecutor affirms the above

said fact.

4. This Court heard the submissions made on either side and perused the order passed in Crl.O.P(MD)No.2815 of 2017dated 14.03.2017.

5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD)No.2815 of 2017dated 14.03.2017, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Andipatti 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police on every Monday at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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.

sd/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ANDIPATTI, THENI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.RAJAN Advocate SR.No.29858 PM CSL/CM-MSA/SAR-I/08.09.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.11433 of 2017 Date :04/09/2017 https://hcservices.ecourts.gov.in/hcservices/