Madras High CourtCRL OP(MD)/19406/2015allowed

P. Chellammal v. The Insepector Of Police

2015-10-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19406 of 2015 P.CHELLAMMAL ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSEPECTOR OF POLICE THEVARAM POLICE STATION, UTHAMAPALAYAM TALUK, THENI DISTRICT.

CR. NO.39 OF 2012 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHIROY Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 279, 337 and 304 (A) IPC in C.C.No.183 of 2012 on the file of the Judicial Magistrate Court, Bodi, Theni District and hence, seeks anticipatory bail.

2. The case of the petitioner is that he was unable to appear for hearing on 17.08.2015 before the Trail Court and therefore, the learned Judicial Magistrate Court, Bodi, Theni District, issued a P.T.Warrant against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4. Heard the learned Government Advocate (Crl.side) appearing for the respondent.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Bodinayakanur, Theni District 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 Magistrate concerned and on further condition that the petitioner shall appear before concerned court in all future hearings 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 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/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BODINAYAKANUR, THENI DISTRICT.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, THEVARAM POLICE STATION, UTHAMAPALAYAM TALUK, THENI DISTRICT.

+1. CC to M/S.T.LAJAPATHIROY Advocate SR.No.59794 ORDER IN CRL OP(MD) No.19406 of 2015 Date :08/10/2015 PBK/SK-SKN/SAR-II 09/10/2015 ::2P-6C:: (IT) https://hcservices.ecourts.gov.in/hcservices/