Sanjay Kumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6512 of 2018 SANJAY KUMAR ... PETITIONER/ACCUSED No.3 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, COURTALLAM, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.GOKUL, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner's name is Sanjay Kumar. He has been implicated in Crime No.151 of 2014, on the file of the respondent police, based on the confession given by the first accused. He is facing trial in P.R.C.No.41 of 2016 on the file of the learned Judicial Magistrate, Shengottai. Due to his non-appearance, nonbaliable warrant was issued against him on 06.08.2016. He seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl side) appearing for the respondent.

3.It appears that the first accused had mis-described the petitioner herein. Therefore, the petitioner is referred to as Sandhana Kumar, S/o.Ganesan. The warrant is pending against the petitioner.

4.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Shengottai, and on 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.

5.The petitioner is directed to appear before the jurisdictional Magistrate on the next hearing date and apply for recall of non-bailable warrant and on such application is being filed, the learned Magistrate shall recall the non-bailable warrant on the same date, eventhough, there is discrepancy in the name shown in the final report.

6.The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 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 shall stand dismissed. sd/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENGOTTAI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, COURTALLAM, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.K.GOKUL Advocate SR.No.6926

ORDER

IN CRL OP(MD) No.6512 of 2018 Date :23/04/2018 PK/PMI/GSR/27.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/