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Madras High CourtCRL OP(MD)/16703/2015allowed

Raja Mohammed v. The Inspector Of Police

2015-08-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16703 of 2015 RAJA MOHAMMED ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PATHUMADAI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 36 OF 2012) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.SATHYA CHIDAMBARAM Advocate For Respondent : M/S.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 an accused in Crime No.36 of 2012 apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 03.03.2014 by the learned Subordinate Judge, Ambasamuthiram in connection with a case in S.C.No.148 of 2013 for the alleged offences punishable under sections 294(b), 506(ii) of IPC and section 3(1) of TNPPDL Act r/w section 4 (1)(j) of Tamil Nadu Prohibition Act and hence, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that the petitioner was regularly appearing before the trial court and due to his illness, he could not appear before the trial court on 03.03.2014 and therefore, NBW was issued against him. The learned counsel further submitted that the petitioner undertakes to appear before the trial court for all future dates without fail. 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 petitioner with certain conditions.

https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned

Judicial Magistrate, Cheranmahadevi 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 Magistrate concerned and the petitioner shall appear before the trial court in connection with a case in S.C.No.148 of 2013 for all future hearings without fail. The petitioner shall also pay Rs.2,500/- [Rupees Two thousand and five hundred only] to the Legal Services Authority, attached to this Bench within a period of two weeks from the date of receipt of the order copy. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, CHERANMAHADEVI 2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE PATHUMADAI POLICE STATION, TIRUNELVELI DISTRICT.

5.THE OFFICER INCHARGE THE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.SATHYA CHIDAMBARAM Advocate SR.No.50475

ORDER

IN CRL OP(MD) No.16703 of 2015 Date :31/08/2015 RG.04/09/2015/GSV/PM/SAR-I 2P/7C.

https://hcservices.ecourts.gov.in/hcservices/