Sivaganam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.3067 of 2017 1 SIVAGANAM 2 DEEPANKUMAR 3 BALAKRISHNAN 4 BALASUBRAMANI 5 SIVAKARTHIK ... PETITIONERS / ACCUSED No.1 to 5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.21 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUNIYANDI 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.1 to 5, in Crime No.21 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, 148, 294(b), 324 and 506(ii) IPC and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioners submitted that the petitioners were not able to produce the sureties as per the order in Crl.O.P(MD)No.684 of 2017, dated 25.01.2017 and he has admitted that the present petition is the second application seeking anticipatory bail on the same set of facts. The learned counsel for the petitioners has also agreed to deposit the cost, if this Court orders.

4.The learned Government Advocate (Crl. Side) on instructions submitted that earlier anticipatory bail application moved by these petitioners was ordered by this Court as per the order in Crl.O.P (MD)No.684 of 2017, dated 25.01.2017 and the present petition is the https://hcservices.ecourts.gov.in/hcservices/

second application seeking anticipatory bail on the same set of facts.

5.Considering the above facts and circumstances of the case and also the undertaking given by the learned counsel for the petitioners herein, 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, Pattukkottai 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/accused Nos.1 to 5 are directed to deposit a sum of Rs.300/- each (totalling Rs.1,500/-) to the District Legal Services Authority, Thanjavur and the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks. The petitioners shall comply with the conditions 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.

sd/- 22/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE AUTHORIZED OFFICER, THE DISTRICT LEGAL SERVICES AUTHORITY, THANJAVUR +1. CC to Mr.S.MUNIYANDI Advocate SR.No.16793 JAM/27.03.17 /PM-PN/SAR 4/ 2P-7C

ORDER

IN CRL OP(MD) No.3067 of 2017 Date :22/03/2017 https://hcservices.ecourts.gov.in/hcservices/