Madras High CourtCRL OP(MD)/244/2020granted

M.S. Ponraj v. The Inspector Of Police

2020-02-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.244 of 2020 M.S. PONRAJ ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE DCB POLICE, VIRUDHUNAGAR, CR.NO.9 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : M/s. A. Sivaji,Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.N.Mohideen Basha PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.9 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner the learned counsel appearing for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 381, 408 and 471A of I.P.C., in Crime No.9 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. This FIR came to be registered following a direction issued under Section 156(3) of Cr.P.C., by the the learned Judicial Magistrate No.II, Virudhunagar.

4. The petitioner was asked to appear before the respondent police and respondent has also filed a status report. The respondent had stated that a number of witnesses are still to be examined. Therefore, investigation is still pending.

5. Inasmuch as the petitioner had appeared before the respondent, I am of the view that his custodial interrogation may not be necessary. In this view of the matter, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam, 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. 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/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR AT SRIVLLIPUTHUR 3 THE INSPECTOR OF POLICE DCB POLICE, VIRUDHUNAGAR, CR.NO.9 OF 2019 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.244 of 2020 Date :27/02/2020 IAS SMA/SKN/SAR-III/05/03/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/