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Madras High CourtCRL OP(MD)/8728/2022interim bail

P.K.Kannan v. The Inspector Of Police

2022-05-06Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8728 of 2022 P.K.Kannan ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, Sivakasi Town Police Station Sivakasi, Virudhunagar District.

(Crime No.Not Known of 2022).

... Respondent/Complainant For Petitioner : M/s.Ilayaraja R, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not known of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondents police for alleged offences punishable under Section 138 of Negotiable Instruments Act in C.C.No.2597 of 2016 on the file of the learned IX Additional Civil Judge Cum Judicial Magistrate, Mysore, Karnataka State, seeks anticipatory bail.

2. This Court in the case of P.Thangavelu and others Vs. State represented by the Inspector of Police and other reported in 2017

(2) MWN (Cr.) 633, had held that interim bail can be granted in

order to enable the accused approaching the other state for seeking regular bail.

3.In the light of the above said pronouncement, the decision came to be followed by this Court in the case of A.Kutbuddin Bhai Vs. The State represented by the Inspector of Police and others in Crl.O.P.No.25858 of 2021 thereby, interim bail was granted.

4. Accordingly, there shall be an order of interim anticipatory bail to the petitioner for a period of 4 weeks from the date of receipt of copy of this order. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the respondent-police and on further condition that, (i)The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, to the satisfaction of the respondent-police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned.

(ii) Within the said period i.e, before 03.06.2022, the petitioner shall surrender before the concerned jurisdictional Court and file appropriate application for regular bail before the said Court.

Sd/- 06/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

dss / tta Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SIVAKASI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE IX ADDITIONAL CIVIL JUDGE CUM JUDICIAL MAGISTRATE, MYSORE, KARNATAKA STATE.

4. THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.ILAYARAJA R Advocate SR.No.4445

ORDER

IN CRL OP(MD) No.8728 of 2022 Date :06/05/2022 SP/PN/SAR IV/09/05/2022/3P/7C