A.S.Harish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8243 of 2017 A.S.HARISH ... PETITIONER/PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT/RESPONDENT/RESPONDENT/ COMPLAINANT For Petitioner : M/S.VM.BALAMOHANTHAMPI 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 sole accused in Crime No.not known of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 IPC 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.6214 of 2017, vide order dated 18.05.2017, on condition that the petitioner shall execute sureties within a period of fifteen days from the date on which order copy made ready. But, the petitioner could not execute the sureties within the time prescribed by this Court. Hence, the petitioner has 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.6214 of 2017, dated 18.05.2017.

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.6214 of 2017, dated 18.05.2017, 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, Nagercoil 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 production of receipt for payment of cost of Rs.1,000/- to the Legal Services Authority, attached this Bench and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. 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 shall stand automatically dismissed.

sd/- 30/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NAGERCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy To: The Officer Incharge, Legal Aid Services Authority, Madurai Bench of Madras HIgh Court, Madurai.

+1. CC to M/S.VM.BALAMOHANTHAMPI Advocate SR.No.25651 GCG CSL/PM-PN/SAR-I/05.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8243 of 2017 Date :30/06/2017 https://hcservices.ecourts.gov.in/hcservices/