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Madras High CourtCRL OP(MD)/15552/2015allowed

Moorthy Alias Eswara Moorthy v. State Rep. By

2015-08-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15552 of 2015 MOORTHY ALIAS ESWARA MOORTHY ... PETITIONER / RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, CHINA DHARAPURAM POLICE STATION, KARUR DIST. CR. NO. 72 OF 2010 ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.PON RAMKUMAR Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, in Crime No.72 of 2010 on the file of the respondent, apprehends arrest in pursuant to the warrant issued by the learned Additional District and Sessions Judge, Special Court for EC and NDPS Act, Pudukottai in C.C.No.22 of 2015 and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the case was registered in the year 2010 and due to his ill health, he did not appear before the Court on 13.10.2014 and therefore, non bailable warrant was issued. He further submitted that the petitioner undertakes to appear before the trial Court for all hearing dates without fail. 3.The learned Government Advocate (Crl.side) would submit that except this petitioner, other accused have been appearing before the trial Court regularly and first time, non bailable warrant was issued against this petitioner.

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

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional District and Sessions Judge, Special Court for EC and NDPS Act, Pudukottai 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 Judge 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. https://hcservices.ecourts.gov.in/hcservices/

6. The petitioner shall appear before the concerned Judge 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/- 12/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR EC AND NDPS ACT, PUDUKOTTAI 2 THE INSPECTOR OF POLICE, CHINA DHARAPURAM POLICE STATION, KARUR DIST.

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

+1. CC to M/S T.PON RAMKUMAR Advocate SR.No.45766 Sm:AMF:SAR I:14.08.2015:1P/5C

ORDER

IN CRL OP(MD) No.15552 of 2015 Date :12/08/2015 https://hcservices.ecourts.gov.in/hcservices/