Madras High CourtCRL OP(MD)/20893/2015allowed

Biju v. The Inspector Of Police

2015-10-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20893 of 2015 BIJU ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 188/2012) ..RESPONDENT/COMPLAINANT For Petitioner : M/S M.SARAVANAN 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, who is arrayed as the sole accused, in Crime No.188 of 2012 on the file of the respondent apprehends in pursuant to the warrant issued by the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District in C.C.No.239 of 2012 and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the case was registered in the year 2012 and the petitioner's father has fallen ill in the month of October 2013 and subsequently, he also died on 13.11.2013. It is further contended that the petitioner was also affected by Paraltic disorder from the month of December 2013 and his mother alone was taking care of him and on 18.04.2014, his mother passed away. Due to calamity occurred in the family, the petitioner could not able to appear before the trial Court. The learned counsel 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.239 of 2012.

4. Considering the facts and circumstances of the case 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, Padmanabhapuram, Kanyakumari 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 Judge concerned and on further condition that the petitioner shall appear before the trial Court for all hearing dates without fail, except on those days by filing a petition under Section 317 of Cr.P.C, by assigning valid reasons. 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 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/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2. -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3. THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

4. THE INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S R.J.KARTHICK, Advocate SR.No.64092 ORDER IN CRL OP(MD) No.20893 of 2015 Date :30/10/2015 PBK/AN-MP/SAR-I 02/11/2015 ::2P-6C::

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