Malairaj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5014 of 2017 1 MALAIRAJ 2 PARANACHI @ PARANACHIAMMAL 3 TAMILSELVI 4 PAPPA @ MUTHULAKSHMI ... PETITIONERS / ACCUSED No.1,2,3 & 4 Vs State rep.by THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT, IN CRIME NO. 97 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BALAMURUGANANTHAM 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 to 3 & 4, in Crime No.97 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 448, 294(b), 324 and 506(ii) of I.P.C. and hence, seek anticipatory bail.
2. The learned counsel for the petitioners submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD) No.2624 of 2017, vide order dated 10.03.2017 on condition that the petitioners shall execute sureties within a period of fifteen days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed. But the petitioners could not execute the sureties within the time prescribed by this Court. Hence, the petitioners have come forward with this petition for anticipatory bail. He further submitted that, when the matter came up for hearing on 24.04.2017, this Court directed the petitioners to pay a sum of Rs.
1000/- in the account opened in the name of the Registrar (Administration), (for removal of Prosopis Juli Flora (Karuvelam Trees), Savings Bank Account No.6514082295, Indian Bank, Madurai Bench of Madras High Court, Madurai on or before 27.04.2017. He further submitted that the petitioners had complied with the said direction and cost memo has also been filed to that effect.
3. The learned Government Advocate(Crl. Side) affirms the above said fact.
4. This Court heard the submissions made on either side and perused the order passed in Crl.O.P(MD)No.2624 of 2017, dated 10.03.2017.
5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD)No.2624 of 2017, dated 10.03.2017, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District and on each 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 second petitioner shall appear before the respondent Police as and when required for interrogation. The petitioners 1 to 4 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.
7.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/- 27/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT
3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.BALAMURUGANANTHAM Advocate SR.No.21276 SM:PM:SAR 4:3.5.2017:2P/6C
ORDER
IN CRL OP(MD) No.5014 of 2017 Date :27/04/2017