R.Jeevarathinam v. M.Srinivasan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12863 of 2015 R.JEEVARATHINAM ... PETITIONER / ACCUSED Vs 1 M.SRINIVASAN ... RESPONDENT NO.1/COMPLAINANT 2 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

... RESPONDENT NO.2 For Petitioner : M/S.M.SHIEK ABDULLAH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police in pursuance of the Non Bailable Warrant issued in S.T.C.No.1869 of 2012 for the alleged offence punishable under Section 138 of Negotiable Instruments Act on the file of the Fast Track Judicial Magistrate No.I, Madurai, and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner submitted that the petitioner could not appear before the Court and hence, Non Bailable Warrant was issued against the petitioner on 28.05.2015. The learned counsel further submitted that the absence before the Court was neither wilful nor wanton and only for the bonafide reasons. 3.Heard the learned Government Advocate(Crl.side) appearing for the State.

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Fast Track Court Judicial Magistrate No.I, Madurai, 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.

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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Sm:AMF:14.07.2015:1P/5C

ORDER

IN CRL OP(MD) No.12863 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/