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Madras High CourtCRL OP(MD)/11106/2018granted

S.Samy v. The Inspector Of Police

2018-07-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11106 of 2018 1 S.SAMY 2 M.DURAI 3 A.KANNAN 4 M.BALAMURUGAN 5 A.ESWARAN ... PETITIONERS Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VASUTHEVANALLUR POLICE STATION, TIRUNELVELI DISTRICT IN CRIME NO.141 /2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.P.SANKARAKUMARAGURUPARAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC, in Crime No.141 of 2018, seeks anticipatory bail. 2.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.Since the third petitioner is having 7 previous cases against him, this Court is not inclined to grant anticipatory bail to the third petitioner. Therefore, this petition is dismissed with regard to the third petitioner.

4.Since the second petitioner is having one previous case against him, this Court is inclined to grant anticipatory bail to the second petitioner on condition that the second petitioner shall pay a sum of Rs.5,000/- to the Chief Justice's Relief Fund, Madurai Bench of Madras High Court, Madurai. With regard to the other petitioners no previous case is pending.

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5.Therefore, taking into account of these circumstances, this Court is inclined to grant anticipatory bail to the petitioners 1, 2, 4 & 5 with certain conditions. Accordingly, the petitioners 1, 2, 4 & 5 is ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sivagiri and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1, 2, 4 & 5 shall appear before the respondent police as and when required for interrogation. The petitioners 1, 2, 4 & 5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioner 1, 2, 4 & 5 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 dismissed.

sd/- 04/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE VASUTHEVANALLUR POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SECTION OFFICER, ACCOUNTS SECTION, THE CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.P.SANKARAKUMARAGURUPARAN Advocate SR.No.12051 TM JAM/09/07/2018/ PMI/GSR 2P-7C

ORDER

IN CRL OP(MD) No.11106 of 2018 Date :04/07/2018 https://hcservices.ecourts.gov.in/hcservices/