Madras High CourtCRL OP(MD)/4991/2017ordered

Kasinathan v. The Inspector Of Police

2017-04-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4991 of 2017 KASINATHAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, ILAYANKUDI, SIVAGANGAI DISTRICT, CRIME NO. 321 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.MALAIMARAN Advocate For Respondent : MRS.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 sole accused, in Crime No.321 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 229(A) IPC 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 case of the prosecution is that for non-appearance of the petitioner for trial in C.C.No.99 of 2008, the learned Judicial Magistrate, Ilayangudi instructed the police to register a case against the petitioner and on being instructed, the case in Crime No.321 of 2016 was registered.

4. The learned counsel appearing for the petitioner submitted that since the petitioner is abroad for job, he could not attend the court and the petitioner has no intent to evade the court proceedings.

5.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that the petitioner has not appeared before the court for trial in C.C.No.99 of 2008 on the file https://hcservices.ecourts.gov.in/hcservices/

of the Judicial Magistrate Court, Ilayangudi and as per the oral direction of the Magistrate, the case has been registered. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain 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, Ilayankudi, 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 the Judicial Magistrate, Ilayakudi, on all working days at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 24/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ILAYANKUDI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, ILAYANKUDI, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.MALAIMARAN Advocate SR.No.20891 cm CSL/PM-PN/SAR-III/25.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4991 of 2017 Date :24/04/2017 https://hcservices.ecourts.gov.in/hcservices/