Madras High CourtCRL OP(MD)/429/2017ordered

A. Murugesan v. The Inspector Of Police

2017-03-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.429 of 2017 A. MURUGESAN ... PETITIONER/ SOLE ACCUSED Vs 1 STATE REP BY THE INSPECTOR OF POLICE NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT, (CR NO. 66 OF 2016) ... RESPONDENT/ COMPLAINANT 2 NITHYA ... 2ND RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.D.ANBARASU Advocate For Respondent 1 : M/S S.PRABHA Govt. Advocate ( Crl. Side) For Respondent 2 : NO APPEARANCE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.66 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 307 of I.P.C and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State.

3. Perusal of the materials shows that considering the facts and circumstances of the case, this Court granted interim anticipatory bail to the petitioner on certain conditions and in which, the petitioner was directed to effect paper publication in anyone of the Tamil dailies having wide circulation in the locality of the second respondent on or before 08.03.2017.

4. Today, it is reported by the learned counsel appearing for the petitioner that the petitioner effected paper publication on 09.03.2017.

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5. In spite of effecting paper publication, the second respondent has not chosen to appear before this Court.

6. Considering the above stated facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruppathur 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 once in a week ie., on every Monday 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/- 27/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2.DO THROUGH THE CHIF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE NERKUPPAI POLICE STATION,SIVAGANGAI DISTRICT, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.ANBARASU Advocate SR.No.18005 ORDER IN CRL OP(MD) No.429 of 2017 Date :27/03/2017 MS/CM.MSA/SAR.2/28.03.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/