S.Pandi, v. The Inspector Of Police,
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.7179 of 2017 1 S.PANDI 2 M.JEYARAJ ... PETITIONERS/ACCUSED NO.2 & 3 Vs THE STATE REP.BY 1 THE INSPECTOR OF POLICE, VILLUR POLICE STATION, MADURAI DISTRICT.
CR.NO.67/2013 ... RESPONDENT/COMPLAINANT 2 A.AYYASAMY ... RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.DHANA LAW ASSOCIATES 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 A-2 & A-3, in Crime No.67 of 2013 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 418, 420, 423 & 506(i) of 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.503 of 2017, vide order dated 06.03.2017 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. Thereafter, the petitioners have filed extension of time in Crl.M.P(MD)No.2755 of 2017 and on 03.04.2017 this Court has granted time for 10 days to execute the sureties and thereafter the petitioners could not execute the sureties within the time prescribed by this Court as the first petitioner's wife died on 22.03.2017. Hence, the petitioners have come forward with this petition for anticipatory bail.
3. The learned Government Advocate(Crl. Side) affirms the above said fact.
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4. This Court heard the submissions made on either side and perused the orders passed in Crl.O.P(MD)No.503 of 2017, dated 06.03.2017 and Crl.M.P(MD)No.2755 of 2017 in Crl.O.P(MD)No.503 of 2017, dated 03.04.2017.
5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD)No.503 of 2017, dated 06.03.2017, 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 Judicial Magistrate, Peraiyur and on each of them 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 ie., on every Monday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation. 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/- 14/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, VILLUR POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.DHANA LAW ASSOCIATES Advocate SR.No.24152
ORDER
IN CRL OP(MD) No.7179 of 2017 Date :14/06/2017 https://hcservices.ecourts.gov.in/hcservices/ AM CSL/BS/SAR-I/16.06.2017 : 2P/6C