Madras High CourtCRL OP(MD)/1933/2017allowed

R.Gurusamy M/32 v. The State Rep.By

2017-02-23Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) Nos.1933 and 1934 of 2017 R.GURUSAMY ... PETITIONER/ACCUSED NO.4 IN CRL OP(MD)No.1933 of 2017 PALANIAMMAL ... PETITIONER/ACCUSED NO.3 IN CRL OP(MD)No.1934 of 2017 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.

CRIME NO.131/2016 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.JEYAKARTHIK, Advocate For Respondent : MR.P.KANDASAMY, 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.3 and 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 302, 201 r/w. Section 34 of I.P.C., in Crime No.131 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel for the petitioners states that this is the second anticipatory bail petition and the petitioners already filed a petition for anticipatory bail and this Court, by an order dated 12.01.2017 in Crl.O.P.(MD).Nos.23417 and 23501 of 2016, granted anticipatory bail to the petitioners. But, they are not able to mobilise funds to execute sureties. Hence, they filed a petition for extension of time and the same were dismissed. Therefore, they filed the present anticipatory bail petitions.

3. The learned Government Advocate (Crl.side) states that the investigation is still pending.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with https://hcservices.ecourts.gov.in/hcservices/

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Theni and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the learned Judicial Magistrate, Theni daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioners shall appear before the concerned Magistrate within a period of 10 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.

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

+2. CC to M/S.M.JEGADEESAN Advocate SR.No.10279 & 10282 AKV CSL/CM-MSA/SAR-III/28.02.2017 : 2P/7C

ORDER

IN CRL OP(MD) Nos.1933 and 1934 of 2017 Date :23/02/2017 https://hcservices.ecourts.gov.in/hcservices/