Madras High CourtCRL OP(MD)/5531/2017ordered

D.Jothi Ranganayaki, v. The Inspector Of Police,

2017-04-28Honourable Mrs Justice J. Nisha Banu2 pages

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.5531 of 2017 1 D.JOTHI RANGANAYAKI 2 MURUGAN 3 KUMARESAN 4 P.THANGAM 5 G.DURAIPANDIAN ... PETITIONERS/ACCUSED NO.2 TO 6 Vs STATE THROUGH THE INSPECTOR OF POLICE, PARTHIBANUR POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.91 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.SUSI KUMAR 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.2 to 6 in Crime No.91 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 147, 148, 294(b), 324, 506(ii) IPC 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.3739 of 2017 vide order dated 28.03.2017 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 complying with the said conditions 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 28.04.2017 (today) 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. 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.

https://hcservices.ecourts.gov.in/hcservices/

4.This Court heard the submissions made on either side and perused the earlier order passed in above said Criminal Original petition.

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 above said Criminal Original petition, 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, Paramakudi, 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 1st petitioner shall appear before the respondent Police as and when required for interrogation and the petitioners 2 to 5 shall appear before the respondent police once in a week ie., on every Monday 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,PARAMAKUDI.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, PARTHIBANUR POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/S.C.SUSI KUMAR, ADVOCATE SR.NO. 21719 NBJ CSL/BS/SAR-IV/03.05.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.5531 of 2017 Date :28/04/2017 https://hcservices.ecourts.gov.in/hcservices/