Vinith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.18284 of 2018 1 VINITH 2 AJITH ... PETITIONER / ACCUSED 3 & 4 Vs THE INSPECTOR OF POLICE VADSERI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(IN CRIME NO. 708 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.VAMANAN Advocate For Respondent : Mr.S.CHANDRA SEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.3 & 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 394 of I.P.C, in Crime No.708 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.It is submitted by the learned counsel for the petitioners that in this case, charge-sheet has already been filed. He further submitted that the petitioners herein have already been granted anticipatory bail and due to their ill-health, they were not in a position to surrender for executing the sureties before the learned Judicial Magistrate Court in time, hence, the above anticipatory bail granted by this Court has been lapsed. Therefore, he files the present application, seeking anticipatory bail in favour of the petitioners.

3.It is submitted by the learned Additional Public Prosecutor that gold chain has been recovered from the first accused and charge sheet has also been filed before the Judicial Magistrate Court No.II, Nagercoil, https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the fact that gold chain has been recovered from

the first accused and the petitioners herein are arrayed as A-3 and A-4, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, No.2, Nagercoil and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the Court of the Judicial Magistrate, No.2, Nagercoil daily at 10.30 a.m., for a period of 15 days. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, VADSERI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.K.VAMANAN Advocate SR.No.20184 PS/RR:29/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.18284 of 2018 Date :24/10/2018 https://hcservices.ecourts.gov.in/hcservices/