Madras High CourtCRL OP(MD)/1509/2023disposed of

Samraj Chelladurai v. The Inspector Of Police

2023-01-27Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA SAMRAJ CHELLADURAI ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE DETECTIVE, CRIME BRANCH, MALAPPURAM, (IN CRIME NO.17/19/CB).

2 THE INSPECTOR OF POLICE O/O.THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/s.MAHARAJA.M Advocate.

For Respondents : M/S.P.KOTTAICHAMY, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- To enlarge the petitioner on interstate anticipatory bail in the event of their arrest or surrender while he is travel to Kerala in Crime No.17/19/CB on the file of R1 Police Station. ORDER : The Court made the following order :- The petitioner seeks Interstate anticipatory bail in Crime No.17/19/CB registered on the file of the first respondent for the offence under Sections 347, 364(A), 323 and 395 of IPC r/w Section 34 IPC.

2. On the basis of the confession given by the co-accused, a case has been registered against the petitioner. 1/3

3. The learned counsel for the petitioner would submit that the petitioner has nothing to do with the said allegations. He further submitted that he has been falsely implicated in the case registered within jurisdiction of the State of Kerala and pursuant to that, he is apprehending arrest by both the respondent police and prayed that Interstate Anticipatory bail may be granted to him to enable him to move the appropriate jurisdictional court in the State of Kerala for necessary relief.

4. Taking into consideration the submissions made by the learned counsel appearing for the petitioner, this Court is inclined to grant interim anticipatory bail to the petitioner for a period of six weeks from today to enable him to move the appropriate Court in the State of Kerala.

5. Accordingly, interim anticipatory bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall surrender before the learned Judicial Magistrate No.1, Tirunelveli, within 15 days from the date of receipt of copy of this order;

(ii) On such surrender, he shall be enlarged on bail on condition that he shall execute a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the said Magistrate.

(iii) Within four weeks of such surrender before the above said Magistrate, the petitioner shall seek appropriate relief before any of the jurisdictional Courts in the State of Kerala. This petition is ordered accordingly.

sd/- 27/01/2023 / TRUE COPY / 10/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1.THE JUDICIAL MAGISTRATE NO.1, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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3 THE INSPECTOR OF POLICE DETECTIVE, CRIME BRANCH, MALAPPURAM.

4 THE INSPECTOR OF POLICE O/O.THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.M.MAHARAJAN, Advocate ( SR-1308[I] dated 27/01/2023 )

ORDER

IN Date :27/01/2023 RK/SAR-2 (10/02/2023) 4P/7C 3/3