Ajayan Alias Ajay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15215 of 2015 AJAYAN @ AJAY ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE COURTALLAM POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.710 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR, Advocate For Respondent : MR.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A4, in Crime No.710 of 2011 was arrested on 02.10.2011 and remanded in judicial custody on 10.04.2015 in pursuant to the non bailable warrant issued in S.C.No.16 of 2013 by IV-Additional Sessions Judge, Tirunelveli for the alleged offence under Section 174 of Cr.P.C altered to 147, 148, 120(b), 302 and 201 of IPC on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the occurrence took place in the year 2011 and the petitioner has been regularly appearing before the trial court and due to his ill health he did not appear on 07.07.2014 and thereafter non bailable warrant was issued on the same day against the petitioner. He further submitted that the petitioner undertakes to appear before the trial court for all future hearings.

3.The learned Government Advocate (Crl. Side) submitted that there are totally five accused involved in this case and except this petitioner, others have been regularly appearing and due to pendency of the non bailable warrant, there is no progress in the Sessions case.

4. Considering the submissions and contentions made by both side, and also considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, with certain conditions.

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5. Accordingly, the petitioner is ordered to be released on bail on executing a personal 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 Judicial Magistrate, Senkottai and on further condition that the petitioner shall appear before the trial court for all future hearings without fail.

sd/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,SENKOTTAI.

2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

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

4.THE INSPECTOR OF POLICE COURTALLAM POLICE STATION, TIRUNELVELI DISTRICT. 5.THE SUPERINDENT CENRAL PRISON, TIRUNELVELI +1. CC to M/S.N.ANANDAKUMAR, Advocate SR.No.44435

ORDER

IN CRL OP(MD) No.15215 of 2015 Date :06/08/2015 rg.07/08/2015 2p/7c.

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