Madras High CourtCRL OP(MD)/19158/2018granted

Kumar @ Muthukumar, v. State Rep By Inspector Of

2018-11-08Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.19158 of 2018 KUMAR @ MUTHUKUMAR ... PETITIONER / ACCUSED NO.6 Vs STATE REP BY THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.822 of 2017 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.P.SANKARAKUMARAKURUPARAN Advocate For Respondent : M/S.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 342, 324 and 506(ii) IPC, in Crime No.822 of 2017, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner states that the earlier anticipatory bail petition moved by the petitioner was ordered by this Court in Crl.O.P(MD).No.12250 of 2017 dated 21.09.2017. Since the petitioner failed to appear before the concerned Court within the stipulated time, they have filed an extension petition in Crl.M.P(MD).No.10156 of 2017, which was also ordered by this Court, dated 09.11.2017. Thereafter, the petitioner has fallen sick and hence, he was not able to produce the sureties. In such circumstances, the petitioner has filed the present anticipatory bail petition on the same set of facts.

3. Heard the learned Additional Public Prosecutor appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case and also considering the fact that this Court has already granted anticipatory bail to the petitioner in Crl.O.P(MD).No.12250 of 2017 dated 21.09.2017, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 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.II, Sivakasi, and on 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 daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5.The petitioner 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/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.P.SANKARAKUMARAKURUPARAN Advocate SR.No. 21336

ORDER

IN CRL OP(MD) No.19158 of 2018 Date :08/11/2018 JM/VR MMS/SAR 4/13.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/