M. Paulsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10719 of 2015 M.PAULSAMY ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMNAD DISTRICT.

CRIME NO.70/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.D.ANBARASU Advocate For Respondent : 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 accused, in Crime No.70 of 2011 on the file of the respondent apprehends in pursuant to the non bailable warrant issued by the Judicial Magistrate Court, Kamuthi, Ramanathapuram District in C.C.No.44 of 2013 and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that the respondent has filed a charge sheet as showing the petitioner is a absconding accused and thereafter, non bailable warrant issued by the learned Magistrate. He further submitted that due to poverty, the petitioner went to Kerala and at the same time, the trial Court issued the non bailable warrant against the petitioner. He further submitted that the petitioner undertakes to appear before the trial Court for all hearing dates without fail.

3.The learned Government Advocate (Crl.side) would submit that non bailable warrant is pending and the second accused is also absconding.

4. Considering the 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 Judicial Magistrate Court, Kamuthi, Ramanathapuram District and on 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 trial Court for all hearing dates without fail, except on those days by filing a petition under Section 317 of Cr.P.C, by assigning valid reasons. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Judge 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. sd/- 15/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANTHAPURAM. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMNAD DISTRICT. +1. CC to M/S.K.SANJAI GANDHI, Advocate SR.No.30803 ORDER IN CRL OP(MD) No.10719 of 2015 Date :15/06/2015 PBK/AMF 16/06/2015 ::2P-6C::

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