K.Saravanan v. The Inspector Of Police

CRL OP(MD). No.12430 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12430 of 2022 K.Saravanan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, V2, Avaniyapuram Police Station, Madruai City.

Cr.No.311/2004.

... Respondent/Complainant For Petitioner : M/s.WILLIAM CHRISTOPHER.J, Advocate For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 311/2004 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 02.04.2022, in pursuant to NBW issued by the learned V Additional District and Sessions Judge, Madurai in SC No.9 of 2017, connected in Crime No.311 of 2004, on the file of the respondent police, seeks bail. 2.The learned counsel for the petitioner submitted that because of non appearance of the petitioner, the learned Judge has issued non-bailable warrant against the petitioner on 04.01.2022 and warrant was executed on 02.04.2022. Ever since from the date of arrest the petitioner is in custody. In Crl.OP(MD)NO.8783 of 2022, dated 05.05.2022, this Court has granted bail to the co-accused, who was also remanded on execution of NBW.

3.Perusal of records reveals that the co-accused was enlarged on bail by this Court based on the condition that he must file an undertaking that he will co-operate with the trial Court to complete the process of trial. On the very same ground and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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CRL OP(MD). No.12430 of 2022 4.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned V Additional District and Sessions Judge, Madurai, and on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will co-operate during the trial and that the petitioner shall appear before the trial Court on all working days at 10.30AM, until further orders. sd/- 15/07/2022 / TRUE COPY / 15/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI. 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, V2, AVANIYAPURAM POLICE STATION, MADRUAI CITY.

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

+1. CC to M/S WILLIAM CHRISTOPHER.J Advocate SR.No.7193

ORDER

IN CRL OP(MD) No.12430 of 2022 Date :15/07/2022 SA/VR/SAR.1/15.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2