Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.8021 of 2018 MANIKANDAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, CHEKKANOORANI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.441 OF 2013 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JEGADEESHPANDIAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(i) of IPC., in Crime No.441 of 2013, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that since the petitioner was not at all aware of the pendency of the case, he did not appear before the Trial Court on 16.06.2016. Therefore, non-bailable warrant was issued against him. He further submitted that the non- appearance of the petitioner is neither wilful nor wanton. Hence, he prays for anticipatory bail.

3. The learned Government Advocate (Criminal side) appearing for the respondent submitted that after completing investigation in Crime No.441 of 2013, charge sheet has been filed and the same was taken on file in C.C.No.105 of 2015 on the file of the learned Judicial Magistrate No.II, Madurai. Due to the nonappearance of the petitioner on 16.06.2016, non bailable warrant was issued against him and the same is pending. Hence, the petitioner approached this Court with this petition.

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4.Considering the facts and circumstances of the case, this Court is inclined to grant the relief of anticipatory bail to the petitioner.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, 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 Judicial Magistrate No.II, Madurai, or to the satisfaction of the respondent police or the police officer, who intends to arrest and on further condition that the petitioner shall appear before the learned Magistrate concerned, daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, CHEKKANOORANI POLICE STATION, MADURAI.

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

+1. CC to M/S.M.JEGADEESHPANDIAN, Advocate SR.No.8671

ORDER

IN CRL OP(MD) No.8021 of 2018 Date :16/05/2018 PK/PN/GSR/22.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/