Avaudaiyappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.7621,7622 & 7623 of 2015 AVAUDAIYAPPAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN ALL THE PETITIONS Vs STATE REP BY THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.
CR.NOS.92,93 & 90/2009. ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.K.PRABHU Advocate IN ALL THE PETITIONS For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in S.T.C.No.1174 of 2013 for the alleged offence under Sections 279 and 337 I.P.C, in C.C.No.82 of 2011 for the the alleged offence under Section 379 I.P.C and in C.C.No.161 of 2010 for the alleged offence under Sections 294(b), 387 and 506(ii) I.P.C, apprehends arrest in pursuance of non-bailable warrant issued against him by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and hence seeks anticipatory bail.
2. The learned Counsel for the petitioner submits that the learned Magistrate issued non-bailable warrant against the petitioner for his non-appearance before the Court. It is further submitted that due to his illness, he was not able to appear on the date of hearing and his absence is neither wilful nor wanton but only due to the above said reason. The learned counsel for the petitioner also submitted that the petitioner is having reasonable apprehension that he may be arrested by the respondent police. He would further submit that the petitioner undertakes to appear before the trial Court all future hearings.
https://hcservices.ecourts.gov.in/hcservices/
3. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned counsel for the petitioner.
4.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner in all the three cases. Accordingly, the petitioner is directed to be released on bail in event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, on his executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) (for each case) to the satisfaction of the learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the trial Court on all the dates of hearings except on those days by filing a petition under Sections 317 Cr.P.C. by assigning valid reasons and on further condition that the petitioner shall pay a sum of Rs.1000/-(Rupees One Thousand Only) for each case to the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai . The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
5. The petitioner shall appear before the concerned Magistrate 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/- 23/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE CHIEF CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+3. CC to M/S.K.PRABHU Advocate SR.No.21686 TO 21688
ORDER
IN CRL OP(MD) Nos.7621,7622 & 7623 of 2015 Date :23/04/2015 https://hcservices.ecourts.gov.in/hcservices/ NA/27/04/2015/P2/9C