Kandasamy @ Karuppiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11254 of 2015 KANDASAMY @ KARUPPIAH ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DIST ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused in S.T.C.No.242 of 2011 on the file of the learned Judicial Magistrate No.I, Virudhunagar , apprehends arrest in pursuant to the non-bailable warrant issued on 11.06.2015.

2.The learned counsel for the petitioner submitted that the petitioner is an accused in a private complaint filed under Section 138 of the Negotiable Instruments Act and he is regular in appearing before the Court. Due to his old age and acute illness, he could not appear before the concerned Court on 11.06.2015 and therefore, non-bailable warrant was issued.

3.The learned counsel for the petitioner further submitted that the petitioner undertakes to appear before the Trial Court for all future hearing dates without fail.

4.Heard the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail in event of arrest or on his appearance before the learned Judicial magistrate No.I, Virudhunagar , on his executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) to the satisfaction of the learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the trial Court on all the dates of hearings in S.T.C.No.242 of 2011 except on those days by filing a petition under Sections 317 Cr.P.C. by assigning valid reasons. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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5. 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.

sd/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DIST.

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.32589

ORDER

IN CRL OP(MD) No.11254 of 2015 Date :22/06/2015 RG.25.06.2015 2P/6C.

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