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Madras High CourtCRL OP(MD)/7609/2018ordered

Maruthupandian, v. The Inspector Of Police,

2018-05-03Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7609 of 2018 MARUTHUPANDIAN ... PETITIONER / ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT. (CR.NO.79/2018). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.KANNAN Advocate For Respondent : M/S.ASOKAN Govt. Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The learned Counsel for the petitioner would submit that the petitioner, being a student could not surrender himself before the Court and execute the bond, within the time prescribed in the earlier order passed by this Court in Crl.O.P.(MD)No.5174 of 2018 dated 04.04.2018. It is further submitted that the petitioner received the order copy only on 13.04.2018 and hence, he was not able to surrender himself and execute the bond, within the time stipulated by this Court.

2.Under such circumstances, the petitioner has come forward with the present petition in Crl.O.P.(MD)No.7609 of 2018, seeking Anticipatory Bail.

3.The learned Government Advocate (Crl. Side) has not raised any serious objection.

4.In view of the above, this petition is ordered. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

[a]the petitioner shall report before the respondent police daily, at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d]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 petitioners 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). sd/- 03/05/2018 / 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 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

+1. CC to M/S.M.KANNAN Advocate SR.No.8162.

ORDER

IN CRL OP(MD) No.7609 of 2018 Date :03/05/2018 SDS/PMI/ASVM/04.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/