Madras High CourtCRL OP(MD)/3832/2017ordered

Jagadeeswaran v. The Inspector Of Police

2017-04-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3832 of 2017 JAGADEESWARAN ... PETITIONER/ ACCUSED NO.5 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT (CRIME NO. 12/2013) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.RAMESH KUMAR Advocate For Respondent : M/S S.PRABHA, Govt. 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 A-5, in Crime No.12 of 2013 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 508, 420, 392, 342, 376(g) and 506(ii) of I.P.C @ 147, 508, 420, 342, 376(g) and 506(i) of I.P.C, and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned Government Advocate (Crl. Side) on instructions submitted that this is a case of rape. She further submitted that in this case, investigation was completed and charge sheet was filed before the Court concerned. She further submitted that the name of the petitioner has been dropped in the charge sheet, but while proceeding with the trial, the name of the petitioner has been included. She further submitted that the case is listed for hearing on 13.04.2017.

4. Considering the above said facts and circumstances of the case, and also considering the fact that in this case investigation was completed and charge sheet was filed, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

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.I, Kuzhithurai and on his 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 and on further condition that the petitioner shall appear before Court concerned on all hearing dates without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.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 stands dismissed.

sd/- 04/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI,KANYAKUMARI DISTRICT.

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

+1. CC to M/SD.RAMESH KUMAR Advocate SR.No.

ORDER

IN CRL OP(MD) No.3832 of 2017 Date :04/04/2017 MS/PM.PN/SAR.3/06.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/