Charles 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.6681 of 2018 CHARLES ... PETITIONER / 2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PUTHUKKODAI POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.570/2011 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.R.SREENIVASAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is facing trial in C.C.No.08 of 2012 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. On account of his absence of hearing date, i.e., on 07.02.2017, nonbailable warrant was issued against the petitioner.

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

3. 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 No.II, Kuzithurai, 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. 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.

4. 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 https://hcservices.ecourts.gov.in/hcservices/

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.

8. 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 NO.II KUZITHURAI, KANYAKUMARI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, PUTHUKKODAI POLICE STATION, KANYAKUMARI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.6885 PJL JAM/26/04/2018/ PN/VK/2P-6C

ORDER

IN CRL OP(MD) No.6681 of 2018 Date :23/04/2018 https://hcservices.ecourts.gov.in/hcservices/