Madras High CourtCRL OP(MD)/17051/2015granted

Nallathampi v. The Ins Of Police

2015-09-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17051 of 2015 NALLATHAMPI ... PETITIONER/ACCUSED NO.3 Vs THE INSPECTOR OF POLICE TOWN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

(CRIME NO 1210/2004) ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.BALAJI 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 A3, in Crime No.1210 of 2004 on the file of the respondent police apprehends in pursuant to the warrant issued by the learned Judicial Magistrate, Thirumangalam in C.C.No.372 of 2004 and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the case was registered in the year 2004 and due to his avocation, he went to Andhra Pradesh and hence, he did not appear before the Court on the date of hearing and therefore, non bailable warrant was issued against him. 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 the respondent has completed the investigation and laid charge sheet in C.C.No.372 of 2004.

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

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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, Thirumangalam 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 Judge concerned and on further condition that the petitioner shall appear before the trial Court for all hearing dates without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 03/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, TOWN POLICE STATION,THIRUMANGALAM, MADURAI DISTRICT.

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

+1. CC to M/S V.BALAJI Advocate SR.No.51909

ORDER

IN CRL OP(MD) No.17051 of 2015 Date :03/09/2015 CSL/SKS-RR/SAR(J)/07.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/