R.Senthurpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23629 of 2014 R.SENTHURPANDI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, (ALGSC), THOOTHUKUDI, THOOTHUKUDI DISTRICT. CR. NO. 44/2013. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SATHEESHKUMAR Advocate For Respondent : MR.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.44 of 2013 on the file of the respondent police for offences under Sections 420, 468, 471 and 506 (ii) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. This is the second anticipatory bail petition. Earlier, this petitioner was granted anticipatory bail in Crl.O.P.(MD).No.20461 of 2014 on 14.11.2014 with a direction to appear before the Judicial Magistrate, Vilathikulam within 15 days from the date on which the order copy made ready.

3. The learned counsel for the petitioner submits that the petitioner was not able to comply this order because of the petitioner was seriously physically indisposed. In this regard, he has filed an affidavit with supporting documents.

4. Accepting the explanations offered by the petitioner, I am inclined to grant anticipatory bail to the petitioner, but with 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, Anti-Land Grabbing (Special Court), Thoothukudi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 12/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ANTI-LAND CRABBING SPECIAL COURT, THOOTHUKUDI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, (ALGSC), THOOTHUKUDI, THOOTHUKUDI DISTRICT.

+1. CC to M/S.N.SATHEESHKUMAR Advocate SR.No.1595

ORDER

IN CRL OP(MD) No.23629 of 2014 Date :12/01/2015 RG.19.12.2015 2P.6C.

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