← Library
Madras High CourtCRL OP/6318/2016granted

Kishore @ Kishore Kumar, v. State Rep. By Inspector Of

2016-03-22Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No. 6 3 1 8 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 08.02.2016 by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, in connection with a case in P.R.C.No.58 of 2008 for the alleged offences punishable under Sections 342, 364A, 506(ii) and 307 IPC, in Crime No.1543 of 2007 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the present case was registered in the year 2007 and within a period of one week, another case was registered against this petitioner by the respondent police in which, the respondent police filed charge sheet before the concerned Court and the same was committed by the learned II Additional Sessions Judge, Chennai in S.C.No.

10 of 2008 and the petitioner received summon in the case in S.C.No.10 of 2008 and the petitioner was acquitted in that case. Further, it is submitted that since the petitioner did not receive summon in the present case in P.R.C.No. 58 of 2008, he could not appear before the trial Court on 08.02.2016 and therefore the non-bailable warrant was issued against him by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. The learned counsel for the petitioner also submitted that the petitioner undertakes to appear before the trial Court for all future dates, without fail. K. KALYANA S U NDARAM, J.

ari 3.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

4.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned XXIII Metropolitan Magistrate, Saidapet, Chennai and 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 Magistrate concerned and the petitioner shall appear before the trial court in connection with a case in P.R.C.No.58 of 2008 for all future hearings without fail. The petitioner shall comply with the condition 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 stands dismissed. 22.03.2016 Crl.O.P.No. 6 3 1 8 of 2 0 1 6