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Madras High CourtCRL OP(MD)/7657/2015ordered

Thomas Xavier v. The Inspector Of Police

2015-04-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7657 of 2015 THOMAS XAVIER ... PETITIONER/ACCUSED NO.11 Vs STATE REP.BY THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING -II, TUTICORIN DISTRICT.

(CRIME NO.6 OF 2006). ... RESPONDENT(S) / COMPLAINANT (S) For Petitioner : M/S.S.SIVA THILAKAR Advocate For Respondent : MR.K.V.RAJARAJAN, 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 arrayed as A11 in C.C.No.119 of 2008 on the file of the Special Court for TANPID Act cases, Madurai, apprehends arrest in pursuance of the Non-Bailable Warrant issued on 14.03.2015.

2. The learned counsel for the petitioner submitted that the petitioner filed Cr.M.P.No.2832 of 2012 to discharge from the case and the same was allowed. Aggrieved by the order, the defacto complainant has preferred a revision in Crl.R.C.(MD)No.534 of 2013 and the same is still pending and this Court was not inclined to grant interim stay. He would further submit that as on date, the petitioner is not an accused in this case and therefore, he need not appear before the trial Court and in spite of that, the petitioner was regularly appearing and for non appearance on 14.03.2015, a Non-Bailable warrant is issued against him.

3. Heard the learned Government Advocate (crl. side) appearing for the respondent police.

4. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, the petitioner is ordered to be released on bail 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 learned Special Court Judge for TANPID Cases, Madurai and on further condition that the petitioner shall appear before the trial Court, when his presence is required. The petitioner is given liberty to approach the trial Court for further orders.

sd/- 28/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT JUDGE FOR TANPID CASES, MADURAI. 2 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING -II, TUTICORIN DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SIVA THILAKAR Advocate SR.No.23102

ORDER

IN CRL OP(MD) No.7657 of 2015 Date :28/04/2015 PA/29.04.2015/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/