Selvakumar Alias Oosi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.12366 of 2017 SELVAKUMAR @ OOSI ... PETITIONER / ACCUSED NO.A1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, SRIVILIPUTHUR, VIRUDHUNAGAR DISTRICT, CR NO. 410/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHALINGAM 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 apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 307 and 379 IPC and Section 21(1) Mines and Minerals (Development and Regulation) Act, 1957 r/w Section 3 of TNPPDL Act in Crime No.410 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is arrayed as A1 in this case and earlier the petitioner filed a petition in Crl.O.P.(MD)No.9962 of 2017 for anticipatory bail before this Court and this Court by order dated 02.08.2017 granted anticipatory bail by imposing certain conditions. However, the petitioner failed to comply with the said conditions and filed a petition in Crl.M.P.(MD)No.8159 of 2017 and the said petition was dismissed as it is was filed out of time. Now the petitioner filed the present petition for the second time seeking anticipatory bail on the very same set of facts. 3.The learned counsel for the petitioner has admitted the above said facts.

4.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that the petitioner shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[b]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioner shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560).

[e]the petitioner is directed to pay a sum of Rs.1000/- to the District Legal Service Authority, Virudhunagar District. sd/- 21/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NBJ TO 1 THE JUDICIAL MAGSTRATE NO.II, SRIVILLIPUTHUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE,TOWN POLICE STATION, SRIVILIPUTHUR,VIRUDHUNAGAR DISTRICT.

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

COPY TO : THE OFFICER INCHARGE, DISTRICT LEGAL SERVICE AUTHORITY, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.S.MAHALINGAM Advocate SR.No.31205 GJM/PM/PN/SAR-2-26.7.17-3P-7C

ORDER

IN CRL OP(MD) No.12366 of 2017 Date :21/09/2017