K.Sudarsanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18070 of 2015 K.SUDARSANAM ... PETITIONER / ACCUSED SOLE Vs 1 THE STATE REPRESENT BY THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT. ... 1st RESPONDENT/RESPONDENT 2 TMT.VIJAYA ... 2nd RESPONDENT / COMPLAINANT For Petitioner : M/S R.KALAMURUGAPPAN 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 an accused in a private complaint filed by the second respondent in S.T.C.No.11766 of 2013, on the file of the Judicial Magistrate, Melur, apprehends arrest at the hands of the respondent police for non-bailable warrant issued on 14.09.2015 and hence, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that the criminal complaint was stayed by the High Court and now the case is posted for trial and due to reason beyond his control, he could not appear before the Court on 14.09.2015 and despite the filing of application under Section 317 of Cr.P.C., the learned Judicial Magistrate, Melur issued a non-bailable warrant. He further submitted that he is ready to co-operate for trial and undertakes to appear before the trial Court for all future hearings, without fail.

3.Heard the learned Government Advocate (Criminal Side) appearing for the respondent.

4.Considering the fact that the petitioner was already granted bail, 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 Judicial Magistrate, Melur 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 Court concerned and on further condition that the petitioner shall appear before the concerned Court for all future hearings without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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6. The petitioner shall appear before the concerned court 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/- 22/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.18070 of 2015 Date :22/09/2015 https://hcservices.ecourts.gov.in/hcservices/