Chandrasekar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5442 of 2017 1 CHANDRASEKAR 2 KARUPPAIAH 3 ROY 4 SANKARANARAYANAN 5 DINESH @ DINESHKUMAR ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN, TUTICORIN DISTRICT.
CR.NO.59/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.J.KARTHICK Advocate For Respondent : M/S.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 in Crime No.59 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 408 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.467 of 2017, vide order dated 14.02.2017 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 shall stand 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 as directed by this Court, today the petitioners have paid a sum of Rs.500/- 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 28.04.2017. He further submitted that a cost memo has also been filed to that effect. https://hcservices.ecourts.gov.in/hcservices/
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.467 of 2017, dated 14.02.2017.
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.467 of 2017, dated 14.02.2017, 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 Judicial Magistrate No.I, Tuticorin 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 petitioners shall appear before the respondent Police once in a week i.e. on every Sunday 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/- 28/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN, TUTICORIN DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.J.KARTHICK Advocate SR.No.21584 ORDER IN CRL OP(MD) No.5442 of 2017 Date :28/04/2017 AAM-PN/SAR 4/03.05.2017 2P 6C https://hcservices.ecourts.gov.in/hcservices/