Madras High CourtCRL OP(MD)/6634/2018allowed

Kannan @ Mayakkannan, v. The Inspector Of Police,

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

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.6634 of 2018 KANNAN @ MAYAKKANNAN ... PETITIONERS/ACCUSED No. Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

(CRIME NO.203 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.BALAJI, 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 is shown as accused in Crime No.203 of 2015, on the file of the respondent police, for the offences punishable under Sections 448, 294(b), 323 and 506(ii) IPC. 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. The petitioner has been shown as accused in C.C.No.20 of 2016 on the file of the Judicial Magistrate Court, Thirumangalam. Non-bailable warrant is pending against the petitioner from 26.02.2016.

4. The learned counsel appearing for the petitioner submits that absconding charge sheet was filed against the petitioner.

5. 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 released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thirumangalam 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 https://hcservices.ecourts.gov.in/hcservices/

the learned Magistrate concerned. The petitioner undertakes to appear before the trial Court regularly on all future hearing dates and if he is not in a position, he can file an application under Section 317 Cr.P.C.

6. Recording the undertaking given by the petitioner, the petitioner is directed to surrender before the Court concerned on the next hearing date and apply for recall of non-bailable warrant and on such application is filed, the learned Judicial Magistrate shall recall the non-bailable warrant on the same date. If the above said condition is breached, this order would stand cancelled automatically.

7. 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, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BALAJI, Advocate SR.No.7079

ORDER

IN CRL OP(MD) No.6634 of 2018 Date :23/04/2018 PK/RR/VK/02.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/