Rajesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19868 of 2016 RAJESH ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, C.S.C.I.D KUZHITHURAI AT NAGARCOIL, KANYAKUMARI DISTRICT.
CRIME NO.17 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SARAVANAKUMAR, Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt.Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of EC Act, 1955 in Crime No.17 of 2016 on the file of the respondent police. 2.The learned counsel for the petitioner would submit that the petitioner is a cooli and he was already granted anticipatory bail by this Court in Crl.O.P.(MD)No.2204 of 2016 on 10.02.2016 and due to his non availability, he is unable to furnish sureties. 3.
The learned counsel for the petitioner would further submit that to show his bonafide, he is ready and willing to donate a sum of Rs.10,000/- to the Tamil Nadu Harijan Sevak Sangh, Madurai. 4.Learned Government Advocate (Crl. Side) on instruction would submit that the petitioner is having two previous cases similar in nature.
5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for on condition that the petitioner shall donate a sum of Rs.10,000/- (Rupees ten thousand only) to the Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorail Residential Primary School Campus, 12 Dr.Thangaraj Road, Vinayaga Nagar Opp to Madurai Law College, https://hcservices.ecourts.gov.in/hcservices/
Madurai 20 (Cell: 9994657433) within a period of one week from the date on which the order copy is made ready;
and on such compliance, the petitioner is granted the relief of anticipatory bail;
(a) In the event of arrest by or on appearance before the respondent police;
(b) In the event of appearance before the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District, within 15 days from the date of receipt of a copy of the order and on production of receipt for payment of Rs.10,000/- (rupees ten thousand only) (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;
(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.
sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL, KANYAKUMARI DISTRICT.
2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.
3 THE INSPECTOR OF POLICE, C.S.C.I.D KUZHITHURAI AT NAGARCOIL, KANYAKUMARI DISTRICT.
4 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE OFFICE IN CHARGE, TAMIL NADU HARIJAN SEVAK SANGH, N.M.R.SUBBARAMAN MEMORAIL RESIDENTIAL PRIMARY SCHOOL CAMPUS, 12 DR.THANGARAJ ROAD, VINAYAGA NAGAR, OPP TO MADURAI LAW COLLEGE, MADURAI 20 (CELL: 9994657433) +1. CC to M/S.M.SARAVANAKUMAR, Advocate SR.No.60822. ORDER IN CRL OP(MD) No.19868 of 2016 Date :14/10/2016 nbj/msm/gsv-pm/sar1/25.10.16/p2/7c https://hcservices.ecourts.gov.in/hcservices/