Chinnathambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.3652 of 2017 CHINNATHAMBI ... PETITIONER/ ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE AUTHOOR POLICE STATION, TUTICORIN DISTRICT (CRIME NO.255 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.KA.RAAMAKRISHNAN Advocate For Respondent :M/S.P.KANDASAMY, Govt. 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 A-4, in Crime No.255 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 302, 120(b) IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Criminal Side) for the respondent/State. 3.The learned Government Advocate(Criminal Side) appearing for the respondent submitted that there are totally 11 accused and two others in this case. The earlier anticipatory bail petition filed by the petitioner / A4 in Crl.O.P.(MD)No.1001 of 2017 was dismissed by this Court as per the order dated 22.02.2017. The petitioner has filed the present petition for the second time seeking anticipatory bail. He also submitted that A1, A7, A8, A10 and A11 are deleted from this case and A6 is still absconding and the investigation is almost over and awaiting for forensic report. He further submitted that final report has to be filed.

4. The learned counsel for the petitioner states that the investigation is completed and some of the accused were deleted from this case.

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6.Considering the facts and circumstances of the case and considering the fact that some of the accused were deleted from this case and investigation is completed and final report is yet to be filed awaiting for forensic report and that there is a change in circumstances after the disposal of the earlier anticipatory bail petition, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur 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 daily 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/- 03/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3.THE INSPECTOR OF POLICE AUTHOOR POLICE STATION,TUTICORIN DISTRICT.

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

+1. CC to M/S.KA.RAAMAKRISHNAN Advocate SR.No.19301

ORDER

IN CRL OP(MD) No.3652 of 2017 Date :03/04/2017 MS/PM.PN/SAR.2/05.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/