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Madras High CourtCRL OP(MD)/4015/2017ordered

Arumugathevar, v. The Inspector Of Police,

2017-04-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4015 of 2017 1 ARUMUGATHEVAR 2 GANESAN 3 VELUSAMY ... PETITIONERS/ACCUSED NO.1,3 & 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.308 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SARAVANAN Advocate For Respondent : MRS.S.PRABHA, 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, 3 and 4 in Crime No.308 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, 294(b) and 506(ii) of 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 case of the prosecution is that the petitioners are said to have damaged the public property worth about Rs.85,000/-. 4.It is represented by the learned counsel for the petitioners that this is the second anticipatory bail application filed by these petitoners. Earlier this Court, has granted anticipatory bail to the petitioners along with A2 and A5 in Crl.O.P.(MD)No.24185 of 2016 on 29.12.2017, but the petitioners were not able to execute sureties. Therefore, they have filed this anticipatory bail application. He would further submit that the accused Nos.2 and 5 have already deposited a sum of Rs.10,000/- out of Rs.25,000/-. Hence, the https://hcservices.ecourts.gov.in/hcservices/

petitioners/A1, A3 and A4 may be permitted to deposit the balance amount of Rs.15,000/-.

5.Considering the facts and circumstances of the case, 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, Cheranmahadevi and on them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with common surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Crime No.308 of 2016 before the concerned Judicial Magistrate and that the petitioners shall appear before the respondent police daily at 10.30 a.m, until further orders. The petitioners shall comply with the condition 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/- 06/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,CHERANMAHADEVI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SARAVANAN Advocate SR.No.19544 RJ2 CSL/BS/SAR-II/17.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4015 of 2017 Date :06/04/2017 https://hcservices.ecourts.gov.in/hcservices/