CRL OP(MD)/23906/2016 of A.MURUGESAN Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT

The Hon`ble Mr.Justice R.MAHADAVEN

CRL OP(MD) No.23906 of 2016

A.MURUGESAN ... PETITIONER / SOLE ACCUSED

Vs

1 STATE REPRESENTED BY THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.66 OF 2016).. RESPONDENT/COMPLAINANT

2 NITHYA .. RESPONDENT /DEFACTO COMPLAINANT

For Petitioner : M/S.B.SENTHILNATHAN Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side)

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.66 of2016, on the file of the respondent police, apprehends arrest at thehands of the respondent police for the alleged offences punishableunder Section 307 I.P.C., and hence, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl. Side) for the first respondent / State.

3. The case of the prosecution is that on 17.09.2016, at about08.00 a.m., the petitioner snatched 10 sovereign of chain from the defacto complainant and due to which, she caused laceration injury.

4. The learned Government Advocate (Crl.Side) submitted that thisCourt, vide order, dated 09.11.2016, in Crl.O.P.(MD) No.20826 of 2016granted bail to the petitioner and imposed certain conditions includingimpleadment of de facto complainant as a party respondent. But, due tothe non-compliance of impleadment of de facto complainant in time, on01.12.2016, this Court cancelled the bail granted to the petitioner.5. The learned counsel appearing for the petitioner submitted thatby an order, dated 09.11.2016, in Crl.O.P.(MD).No.20826, this Courtgranted bail to the petitioner with the following conditions:-“(i) the petitioner shall execute a bond for a sum ofRS.10,000/- (Rupees Ten Thousand Only) with two sureties, eachhttps://hcservices.ecourts.gov.in/hcservices/for a like sum to the satisfaction of the Judicial Magistrate,Thiruppathur;

(ii) the petitioner is directed to appear before therespondent police daily at 10.30 a.m. until further orders;(iii) the petitioner shall not tamper with the evidence orwitness either during investigation or trial;

(iv) the petitioner shall not abscond either duringinvestigation or trial;(v) on breach of any of the aforesaid conditions, theMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if theconditions have been imposed and the petitioner released onbail by the Magistrate/Trial Court himself as laid down by theHon'ble Supreme Court in P.K.Shaji vs. State of Kerala {(2005)AIR SCW 5560}

6. The petitioner was also directed to implead the de factocomplainant as a party respondent and directed the matter to be postedon 23.11.2016. Further, the petitioner was directed to send copy of thepetition to the defacto complainant and file a proof for the same on orbefore 21.11.2016. When the matter came up for hearing on 23.11.2016,for the compliance of the above said condition, it was again adjournedto 01.12.2016. Since the petitioner was not able to comply with thesaid condition by 01.12.2016 also, this Court vide order, dated01.12.2016 dismissed the bail petition.

7. Since the condition was not complied by the petitioner, thisCourt dismissed the bail application on 01.12.2016. Therefore, thispetition for anticipatory bail is not maintainable. Accordingly, thispetition is dismissed.

sd/-

29/12/2016

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR

2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI

3 THE INSPECTOR OF POLICE,NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT. SIVAGANGAI DISTRICT.

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

+1. CC to M/S.B.SENTHILNATHAN Advocate SR.No.83786

RUM/SKS/RR/SAR-1-30.12.16-2P-6C