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Madras High CourtCRL OP(MD)/17874/2018ordered

Chellappa, v. The Sub Inspector Of Police

2018-10-08Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17874 of 2018 CHELLAPPA ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME .NO.257/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SELVAKUMAR Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent police for the offences punishable under Section 353 of IPC in Crime No.257 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that when the defacto complainant, who was working as Ameena in the District Court at Senkottai, was executing warrant of judgment debtor against the petitioner herein in E.P.No. 27 of 2016 in O.S.No. 47 of 2004, he refused to receive the same and escaped.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence.

4.The learned Additional Public Prosecutor submitted that petitioner herein refuse to receive the warrant of judgment debtor in E.P.No. 27 of 2016 in O.S.No. 47 of 2004 and escaped. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Chenkottai, Tirunelveli District and on his https://hcservices.ecourts.gov.in/hcservices/

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police for a period of one week and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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 shall stand dismissed.

sd/- 08/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHENKOTTAI, TIRUNELVELI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUB INSPECTOR OF POLICE ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.S.SELVAKUMAR Advocate SR.No.19092 PS/PN/SAR-2:11/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.17874 of 2018 Date :08/10/2018 https://hcservices.ecourts.gov.in/hcservices/