Soosai v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8356 of 2015 SOOSAI ... PETITIONER/ACCUSED-23 Vs STATE REP BY THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI.

CRIME NO. 1370 OF 1987) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.RAJESHWARAN 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 is A23 apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 12.11.2009 by the learned II Additional District Judge, Tirunelveli in connection with a case in S.C.No.87 of 2010 for the alleged offences punishable under sections 147, 148, 336, 341, 427, 225 and 307 of IPC and section 2 of TNPPDL Act, in Crime No.1370 of 1987 on the file of the respondent police and hence, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that the occurrence had taken place in the year 1987 and the petitioner was regularly appearing before the trial court and due to his mental illness, he could not appear before the trial court on 12.11.2009. He further submitted that there are totally 48 accused in this case and the case was split up against the petitioner/A23 and A38 and the other accused who faced trial separately have been acquitted. The learned counsel further submitted that the petitioner undertakes to appear before the trial court for all future dates without fail. 3.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

4.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 No.I, Tirunelveli and 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 Magistrate concerned and the petitioner shall appear before the trial court in connection with a case in S.C.No.87 of 2010 for all future hearings without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 29/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, TIRUNELVELI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI. 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.RAJESHWARAN Advocate SR.No.24096

ORDER

IN CRL OP(MD) No.8356 of 2015 Date :29/04/2015 NA/05/05/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/