BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.13142, 13223 & 13224 of 2011 1. K.N.NEHRU : PETITIONER/ACCUSED NO.1 IN CRL OP NO.13142/11 2. K.N.RAMAJEYAM : PETITIONER/ACCUSED NO.2 IN CRL OP NO.13223/11 3. M.ANBALAGAN : PETITIONER/ACCUSED NO.5 IN CRL OP NO.13224/11 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI. IN CRIME NO.21 OF 2011 : RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner in Crl.O.P.No.13142 & 13223 : M/S. K.JEGANATHAN Advocate For Petitioner in Crl.O.P.No.13223 : M/S. T.A.OMP RAKASH 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 are arrayed as A1, A2 and A5 in Crime No.21 of 2011 and they apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 447, 452, 427, 294(b), 506(ii), 120(B) and 34 I.P.C. read with Sections 3 of T.N.P.P.D.L. Act, on the file of the respondent police and hence, seek anticipatory bail. 2. The learned Counsel for the petitioners would submit that the petitioners were already enlarged an anticipatory bail on 25.08.2011 but, before obtaining the order copy they were arrested and lodged in jail in some other cases. So, they are not unable to surrender before the Court concerned and execute the sureties. Hence, this application filed by the petitioners. He further submitted that in this case in Crime No.21 of 2011 the petitioners not yet shown as formal accused, hence since the time of 15 days already expired, they pray for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 3. Heard the learned Government Advocate and he fairly conceded that the petitioners were already enlarged on anticipatory bail on 25.08.2011 but they are not surrender and execute the sureties. He further submits that he has not shown as accused in this case. 4. Considering the rival submissions, since the petitioners were already enlarged on anticipatory bail and further these petitioners were already arrested in some other cases, they are not remanded to judicial custody and hence they are not unable to surrender and execute the sureties. Furthermore, it is pertinent to note these petitioners are not shown as accused, I am inclined to grant anticipatory bail to the petitioners/A1,A2 and A5 with certain conditions: (i) The petitioners/A1, A2 and A5 are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.1, Trichy and each of them executing a separate 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 Judicial Magistrate concerned and (ii) the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. (iii) the petitioners shall appear before the respondent police when they received summons for interrogation. 5. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioners/A1,A2 and A5 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petitioner for anticipatory bail stands dismissed. Sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI, +1 CC to M/S. K.JEGANATHAN Advocate SR.No.34236 ORDER IN CRL OP(MD) Nos.13142, 13223 & 13224 of 2011 Date :29/09/2011 NSV/3.10.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/