Malukkamali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Malukkamali ... Petitioner/Accused No.3 Vs The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

in Crime No.119/2019.

... Respondent/Complainant For Petitioner : M/s.Jeyamohan K, Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PRAYER :- To enlarge the petitioner on bail in the event of his arrest in charge sheet in C.C. No.839/2023 on the file of the Judicial Magistrate, Cheranmahadevi. ORDER : The Court made the following order :- The petitioner has filed this petition to enlarge the petitioner on bail in the event of his arrest in charge sheet in C.C.No.839 of 2023 on the file of the Judicial Magistrate, Cheranmahadevi.

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2.The petitioner is facing trial in C.C. No.839 of 2023 on the file of the Judicial Magistrate, Cheranmahadevi. On 08.01.2023, the petitioner was already granted anticipatory bail and received copies from the trial Court thereafter, he went to Abroad and failed to appear before the concerned Court on 08.11.2023 and therefore, a Non Bailable Warrant was issued as against the petitioner.

3. The learned counsel for the petitioner submits that the petitioner is working in abroad. As he could not get leave, he failed to appear on the particular date. He undertakes to appear before the trial Court in all the future hearing. He further submits that the trial in C.C.No.839 of 2023 is also stayed by this Court in Crl.R.C. (MD)Nos.124 to 127 of 2024.

4. Considering the nature of allegations, the facts and circumstances of the case and also the trial in C.C.No.839 of 2023 is stayed, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is allowed and 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 concerned learned Judicial Magistrate, on condition that 2/4

(i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi;

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

(iii) The petitioner shall appear before the trial Court daily at 10.30 a.m., for a period of 15 days. The petitioner shall appear before the trial Court in all the hearings.

(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDCIAL MAGISTRATE, CHERANMAHADEVI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-4564[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5677 of 2024 Date :15/04/2024 SS/GS/SAR- /18/04/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4