Madras High CourtCRL OP(MD)/11600/2015ordered

Kumarasamy @ Muruganatham v. The Inspector Of Police

2015-06-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11600 of 2015 KUMARASAMY @ MURUGANATHAM ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI IN CR.NO.17/2009 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.JEYAPAUL ASSOCIATES 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 Crime No. 17 of 2009, on the file of respondent Police, apprehends arrest in pursuance of the non-bailable warrant issued by the Mahila Court, Thirunelveli in S.C.No.225 of 2012 for the alleged offences punishable under Sections 376 and 506(ii) of IPC, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that the petitioner was arrested and released on bail, during the investigation, and thereafter, on 17.06.2011 and 10.08.2011, he met with major accident, due to the reason, he could not appear before the trial Court. The learned counsel for the petitioner has also produced the medical reports. He further submitted that the petitioner undertakes to appear before the trial Court for all future dates without bail.

4. The learned Government Advocate (Crl. Side) submitted that the accused has committed serious offence and he has been successfully dragging on the case.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner had met with two major accident, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Mahila Court, Thirunelvei 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 https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned and on further condition that the petitioner shall appear before the trial Court in connection with case in S.C.No.225 of 2012, for all future hearings without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The concerned Magistrate is directed to dispose of the above said S.C.No.225 of 2012, within a period of three months from the date of receipt of a copy of this order.

7. 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/- 25/06/2015 FOR BEING MENTIONED This matter is listed today under the caption "for bearing mentioned".

2.The petitioner is the accused in S.C.No.225 of 2012 on the file of the Mahila Court, Tirunelveli. He was granted Anticipatory Bail by this Court on 25.06.2015. In the order order copy in paragraph No.5, it is wrongly mentioned as Judicial Mahila Court and satisfaction to the learned Judicial Magistrate and in paragraph No.6 further direction is given to the concerned Mahila Court for disposal of the case. In paragraph No.7 also, it is mentioned as Magistrate.

3.Office is directed to correct the mistake as Mahila Court, Tirunelveli and issue fresh order copy.

4.The time for furnishing sureties is extended by 2 weeks from the date of receipt of a copy of this order.

sd/- 03/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO SUBSTITUTED ORDER COPY ALREADY BE DESPATCHED 1.THE MAHILA COURT JUDGE,MAHILA COURT, THIRUNELVELI. 2.DO THRO'THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI. 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI. +1. CC to M/S.JEYAPAUL ASSOCIATES Advocate SR.No.35837 ORDER IN CRL OP(MD) No.11600 of 2015 Date :25/06/2015 RG.26.06.2015 DM 6 7 15 2P 6C https://hcservices.ecourts.gov.in/hcservices/