Mathew v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13636 of 2016 MATHEW ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.

THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE PEW, TIRUMANGALAM, MADURAI DISTRICT.

CR. NO. 101 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S G.RADHAKRISHNAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government 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 Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1)(A) TNP Act and Section 120(b),465,468,471 of IPC r/w. Section 6 and 7 of TNRS Rules 2000 (Transport), in Crime No.101 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, the petitioner has already filed Crl.O.P(MD)No.22268 of 2015 for anticipatory bail before this Court and this Court vide order dated 25.11.2015, granted anticipatory bail to him. He could not produce the sureties before the Judicial Magistrate due to that he admitted in the hospital for kidney transplantation. Hence, the petitioner has come up with the present petition.

3.Heard the learned Government Advocate (Criminal side). 4.Considering the facts and circumstances of the case and also the considering fact that this Court has already granted anticipatory bail to the petitioner vide order dated 25.11.2015 made in Crl.O.P(MD)No.22268 of 2015, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen https://hcservices.ecourts.gov.in/hcservices/

days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties 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: (i) the petitioner shall report before the respondent Police daily at 10.00 a.m. and 5.00 pm until further orders.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner 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 in accordance with law as if the conditions have been imposed and the petitioner 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].

6.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/- 03/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUMANGALAM, MADURAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, STATE OF TAMIL NADU, PEW, TIRUMANGALAM, MADURAI DISTRICT.

+1. CC to M/S G.RADHAKRISHNAN Advocate SR.No.41776 ORDER IN CRL OP(MD) No.13636 of 2016 Date :03/08/2016 PBK/GSV-PM/SAR-III 05/08/2016 ::2P-6C::

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