M.C.Senthil Nathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1331 of 2016 M.C.SENTHIL NATHAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. NOT KNOWN OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.THIRUVARUTSELVAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Section 420 I.P.C., in Crime No. not known/2016 on the file of the respondent Police, seeks anticipatory bail.

2. Heard Mr.G.Thiruvarutselvan, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate appearing for the State.

3. When the case was taken up for hearing, the learned Government Advocate submitted that a regular case in Cr.No.39 of 2016, for the offence under Sections 294, 420 and 506(i) IPC has been registered.

4. Taking into consideration the nature of allegations made against the petitioner, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner. Accordingly, he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, Sivagangai District on condition that the petitioner shall execute 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(i) the petitioner shall report before the respondent Police as and when required for interrogation.

(ii) the petitioner / Accused shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner / Accused shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / Accused in accordance with law as if the conditions have been imposed and the petitioner / Accused 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].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 11/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,KARAIKUDI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE,KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+one cc to Mr. G.ThIRUVARUTSELVAN, Advocate in SR.No.8769 CSL/SKS-RR/AR-II/16.02.2016/2p/6c

ORDER

IN CRL OP(MD) No.1331 of 2016 Date :11/02/2016 https://hcservices.ecourts.gov.in/hcservices/