S.M.K.Ramanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8914 of 2017 1 S.M.K.RAMANATHAN 2 S.M.K.CHOCKALINGAM ... PETITIONER/ACCUSED 9 & 10 Vs THE STATE BY THE INSPECTOR OF POLICE ALAGAPPAPURAM POLICE STATION, SIVAGANGAI DISTRICT.
CRIME NO.2/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKATESH 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 145, 150, 151, 152, 188 of I.P.C., r/w 34 & 174 (A) of Railway Act, 1989 in Crime No.2 of 2017, seek anticipatory bail.
2. The learned counsel appearing for the petitioners states that the earlier anticipatory bail petition moved by the petitioners was ordered by this Court in Crl.O.P(MD).No.1025 of 2014 dated 02.02.2017. Since the petitioners failed to appear before the concerned Court within the stipulated time, they have filed an extension petition in Crl.M.P(MD).No.1679 of 2017, which was also ordered by this Court, dated 28.02.2017. In the extension petition, the petitioners have wrongly mentioned the respondent police as Karaikudi North Police Station instead of Alagapuram Police Station and hence, they are not able to produce the sureties. In such circumstances, the petitioners have filed the second anticipatory bail petition on the same set of facts.
3. Heard the learned Additional Public Prosecutor appearing for the respondent.
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4. As directed by this Court dated 13.07.2017, the petitioners have paid a sum of Rs.500/- each, totally Rs.1,000/- and the proof of payment is also filed today.
5.Considering the facts and circumstances of the case and also considering the fact that the conditional order passed by this Court dated 13.07.2017 is complied with, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi 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 daily at 10.30 am until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 10 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 20/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALAGAPPAPURAM POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.26991 trp CSL/CM-MSA/SAR-II/26.07.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.8914 of 2017 Date :20/07/2017 https://hcservices.ecourts.gov.in/hcservices/