Boominathan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16910 of 2016 BOOMINATHAN ... PETITIONER/ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT. RESPONDENT/COMPLAINANT FOR PETITIONER : Mr.P.P.ILLAIYARASU, ADVOCATE FOR RESPONDENT : Mr.A.P.BALASUBRAMANI, GOVERNMENT ADVOCATE(CRL.SIDE) 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.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 321, 294(b), 379(NP) and 506 (ii) IPC altered into Sections 341, 294(b), 324 and 506(ii) IPC, in Crime No.

12 of 2009, pursuant to the Non-Bailable Warrant issued by the learned Judicial Magistrate, Melur, Madurai District on 06.10.2014 in C.C.No.121 of 2015 and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the respondent Police registered a case against three accused in Crime No.12 of 2009 and after investigation filed a final report, which was taken on file in C.C.No.424 of 2009. He would further submit that in the year 2014, due to non-appearance of the petitioner, NonBailable Warrant was issued against the petitioner on 06.10.2014 and the petitioner undertakes to appear before the trial Court on all future hearings regularly without fail.

3.The learned Government Advocate (Criminal Side) would submit that occurrence had taken place in the year 2009 and due to non cooperation of the accused, the case is not yet disposed of. 4.Considering the rival submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/

in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur, Madurai District 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 in addition to deposit, a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorial Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai - 20, (Cell No.9994657433) within a period of two weeks from the date on which the order copy made ready and on further condition that the petitioner shall appear before the trial Court on all future hearings regularly without fail. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 09/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT

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

5. THE OFFICER-IN-CHARGE, TAMIL NADU HARIJAN SEVAK SANGH, N.M.R.SUBBARAMAN MEMORIAL RESIDENTIAL PRIMARY SCHOOL CAMPUS, 12, DR.THANGARAJ ROAD, VINAYAGA NAGAR, OPPOSITE TO MADURAI LAW COLLEGE, MADURAI - 20, (CELL NO.9994657433) +1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No. 51289 ORDER IN CRL OP(MD) No.16910 of 2016 PS Date :09/09/2016 TE/AAL-MPA/SAR-III : 20/09/2016 : 2P/7C (IT) https://hcservices.ecourts.gov.in/hcservices/