T.S. Sudharsan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4472 of 2016 T.S. SUDHARSAN ... PETITIONER/ACCUSED No.3 Vs STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, CR NO.06 OF 2010. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU 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 :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 120(b), 467, 468, 471, 419 and 420 I.P.C. in Crime No.6 of 2010, on the file of the respondent Police, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

3. This is the second application for anticipatory bail and the petitioner was granted anticipatory bail in Crl.O.P.(MD) No.551 of 2016, on 19.01.2016 on condition that he should furnish sureties within a period of two weeks from the date of receipt of a copy of that order, failing which, the anticipatory bail application stands cancelled. Now the petitioner has filed an affidavit assigning the reasons for not furnishing the sureties within the stipulated time.

4. Accepting the reasons stated in the affidavit filed in support of this petition, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirunelveli, Tirunelveli District on condition that the petitioner shall execute a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner / Accused shall report before the respondent Police as and when required for interrogation.

(ii)the petitioner / Accused shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner / Accused shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / Accused in accordance with law as if the conditions have been imposed and the petitioner / Accused 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/- 15/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 3 THE INSPECTOR OF POLICE CITY CRIME BRANCH,TIRUNELVELI CITY 4 THE ADDDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4472 of 2016 Date :15/03/2016 AA/NGM-SS/SAR-I/18.03.2016/2p-5c https://hcservices.ecourts.gov.in/hcservices/