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Madras High CourtCRL OP/8575/2017granted

Senthil, Aged 34 Years, v. State Rep. By

2017-05-04Honourable Mr Justice P. Kalaiyarasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8575 of 2017 in [*]P.R.C.NO.20 OF 2014 [On the file of Judicial Magistrate II, Tindivanam] SENTHIL [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F-5 POLICE STATION, MARAKKANAM, VIZHUPURAM DISTRICT.

CR.NO.282 OF 2013 For Petitioner : M/S.D.PARVENDAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard both sides.

2. The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Section 427 and 435 IPC r/w Section 4 of PPD Act in Crime No.282 of 2013 and seeks anticipatory bail.

3. The learned counsel appearing for the petitioner submits that the petitioner has not been served with any summons, that absconding charge sheet has been filed and the petitioner came to know about the case only recently when the police started searching him for arrest with NBW issued by the Court.

4. The learned Government Advocate (Crl.side) though opposes this application, concedes that the charge sheet has been laid showing the petitioner in the absconding column.

5. Considering the nature of the offence and the fact that no summons was served on the petitioner and charge sheet has been laid showing the petitioner in the absconding column and also the fact that the petitioner is having permanent residence, this Court is inclined to grant Anticipatory Bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on his 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 Judicial MagistrateII, Tindivanam or to the satisfaction of the respondent police or the police officer who intends to arrest and shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

-sd/- 04/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

[*]Amended order as per order of this court dated 25/07/2017 made in CRL.MP.NO.9125 OF 2017 TO 1 THE JUDICIAL MAGISTRATE, NO.II, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, F-5 POLICE STATION, MARAKKANAM, VIZHUPURAM DISTRICT.

+1CC to M/S.D.PARVENDAN Advocate on payment of necessary charges SR NO.13952 CRL OP.8575/2017 Date :04/05/2017 MK:09/05/2017 MK:02/08/2017