Ayyanar,S/O.Periaramasamy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16666 of 2018 AYYANAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.
IN (CRIME NO.155 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.JEGADEESH PANDIAN, Advocate. For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 of I.P.C. in Crime No.155 of 2017, seeks anticipatory bail.
2.The case of the prosecution is that due to previous motive between both the parties, the petitioner and two persons waylaid the de-facto complainant and abused him with filthy language. During the occurrence one Muthusamy assaulted the de-facto complainant by using aruval. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that earlier he moved on anticipatory bail application before this Court in Crl.O.P.(MD).No.10970 of 2017 and the same was ordered on 23.08.2017, at that time he obtained leave so as to execute the sureties, but due to Doklam issue, his leave was cancelled immediately by the higher officials and he was directed to report duty immediately, therefore he did not able to execute the sureties, subsequently he approached this Court for extension of time of the operation of the anticipatory bail order in Crl.O.P.(MD).No.10970 of 2017, by filing an Crl.M.P.(MD).No.3256 of 2018 and the same was
ordered by an order dated 25.04.2018, with the direction by extending the time limit by three weeks for executing the sureties for the satisfaction of concerned Court, while executing the sureties before the concerned Court, one of the sureties and his papers did not in order, therefore, the time granted by this Court in Crl.M.P.(MD).No.3256 of 2018, dated 25.04.2018 got lapsed, therefore, he could not able to execute the sureties, the leave granted by the officials also got to be ended, therefore he immediately returned for duty, at present he obtained leave for 15 days, so as to comply the order of this Court, hence, the petitioner moved the second anticipatory bail application.
4. The learned Additional Public Prosecutor appearing for the respondent opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances and considering the age of the petitioner, this Court is 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, Uthamapalayam, Theni District and on his executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) on 20.09.2018 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 a.m until further orders.
The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.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 dismissed.
sd/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.JEGADEESH PANDIAN, Advocate, SR.No.17742.
ORDER
IN CRL OP(MD) No.16666 of 2018 Date :18/09/2018 RAM/VR MMS/SAR 3/19.09.2018/3P/6C