Madras High CourtCRL OP(MD)/7074/2017ordered

A.Balan, v. The Sub Inspector Of Police,

2017-06-14Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7074 of 2017 A.BALAN ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, USULAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

CRIME NO.253 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.L.PRAVEEN KUMAR 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 petitioner, who is arrayed as A-3, in Crime No.253 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 294(b), 323, 427, 506(i) of I.P.C and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD) No.5433 of 2017, vide order dated 28.04.2017 on condition that the petitioner 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 petitioner could not execute the sureties within the time prescribed by this Court as one of the offences under Section 427 of I.P.C was left out in the earlier order. Hence, the petitioner has come forward with this petition for anticipatory bail.

3. The learned Additional Public Prosecutor affirms 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.5433 of 2017, dated 28.04.2017.

5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD)No.5433 of 2017, dated 28.04.2017, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Usilampatti 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 as and when required for interrogation. 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/- 14/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,USILAMPATTI, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUB INSPECTOR OF POLICE, USULAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.L.PRAVEEN KUMAR Advocate SR.No.24446 PM CSL/BS/SAR-II/19.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.7074 of 2017 Date :14/06/2017 https://hcservices.ecourts.gov.in/hcservices/