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Madras High CourtCRL OP(MD)/6983/2017ordered

Silambarasan v. The Sub-Insepctor Of Police

2017-06-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6983 of 2017 1 SILAMBARASAN 2 KARKUVEL AYYANAR ... PETITIONER/ACCUSED NO.4 & 5 Vs STATE REP.BY, THE SUB-INSEPCTOR OF POLICE AAVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO. 167 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.BALAMURUGAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor 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.4 & 5, in Crime No.167 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 387 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.594 of 2017, vide order dated 24.01.2017 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 up with this petition for anticipatory bail.

3. The learned Additional Public Prosecutor affirmed the above said fact.

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4. This Court heard the submissions made on either side and

perused the order passed in Crl.O.P(MD)No.594 of 2017, dated 24.01.2017.

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.594 of 2017, dated 24.01.2017, 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.II, Virudhunagar 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 production of receipt for payment of cost of Rs.500/- each to the Legal Services Authority, attached this Bench and on further condition 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. 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 shall stand automatically dismissed.

sd/- 09/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE SUB-INSEPCTOR OF POLICE AAVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BALAMURUGAN Advocate SR.No.23905 GCG CSL/PM-PN/SAR-I/13.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.6983 of 2017 Date :09/06/2017 https://hcservices.ecourts.gov.in/hcservices/