Guna Nidhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7686 of 2015 GUNA NIDHI ... PETITIONER/ACCUSED No.5 Vs STATE REP.BY THE INSPECTOR OF POLICE UPPILIAPURAM POLICE STATION, THURAIYUR TALUK,TRICHY DISTRICT.

CR. NO.178/2010. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.JOHN SATHYAN 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 A-5 in C.C.No.125 of 2014 on the file of the Judicial Magistrate, Thuraiyur for the alleged offence under Sections 144, 147, 294(b) and 506(ii) of I.P.C, apprehends arrest at the hands of the respondent police in pursuance of the non-bailable warrant issued against him 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 on one occasion. It is further submitted that 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 all future hearings.

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. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/ petitioner is directed to be released on bail in event of arrest or on

his appearance before the learned Judicial Magistrate, Thuraiyur, on his executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) 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. 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/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE UPPILIAPURAM POLICE STATION, THURAIYUR TALUK,TRICHY DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.JOHN SATHYAN Advocate SR.No.21729

ORDER

IN CRL OP(MD) No.7686 of 2015 Date :24/04/2015 PA/27.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/