S.Baskaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13699 of 2015 1 S.BASKARAN 2 A.KATTAKUMAR ... PETITIONERS / ACCUSED 7&8 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE PERAIYUR POLICE STATION, PERAIYUR, RAMANATHAPURAM DISTRICT. IN CR. NO.70/1998 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GUNASEKARAN 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 petitioners, who are arrayed as A7 and A8 apprehend arrest at the hands of the respondent police, in pursuance of the Non-Bailable warrant issued against them on 13.11.

2013 by the learned Assistant sessions Judge, Paramakudi, in connection with a case in S.C.No.81 of 2008 for the alleged offences punishable under sections 147, 148, 436 of IPC r/w section 3(2) of TNPPDL Act., in Crime No.70 of 1998 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners submitted that the petitioners are fishermen and they are also having boats and the case was registered against 10 accused persons and they are regularly appearing before the trial court from 2008 till 2013 and for their livelihood, the petitioners migrated to Coimbatore and due to their non-appearance, NonBailable Warrant was issued against them on 13.11.2013.

The learned counsel for the petitioners further submitted that the petitiones are undertake to appear before the trial court for all future hearings. 3.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

4.Considering the above facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Kamuthi and on each of them 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 petitioners shall appear before the trial court for all future hearings. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. Scrupulously. 6.The petitioners shall appear before the concerned Magistrate https://hcservices.ecourts.gov.in/hcservices/

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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE SUB INSPECTOR OF POLICE PERAIYUR POLICE STATION, PERAIYUR, RAMANATHAPURAM DISTRICT.

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

Sm:AMF:SARI:28.07.2015:2P/5C

ORDER

IN CRL OP(MD) No.13699 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/