Sivakumarasamy @ Durai v. The Inspector Of Police

CRL OP(MD). No.16900 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16900 of 2022 Sivakumarasamy @ Durai ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Puliyankudi Police Station, Tenkasi District.

(Crime No.480 of 2021).

... Respondent/Complainant For Petitioner : MR.V.Kathirvelu, Senior Counsel for M/s.Prabhu K, Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.480/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 174(3) Cr.P.C @ 306 IPC, in Crime No.480 of 2021, seeks anticipatory bail.

2.The earlier anticipatory bail petition filed by the petitioner was dismissed by this Court on 29.09.2022, on the ground that custodial interrogation of the petitioner is necessary to bring out the truth and directed the petitioner to appear before the respondent Police and co-operate to complete the investigation process. Again, the petitioner again approached this Court by filing this petition seeking anticipatory bail.

3.Today, when the matter is taken up for hearing, on the side of prosecution, it is stated that as per the direction given by this Court, the petitioner has appeared before the respondent police. The respondent Police also completed the investigation and ready to file final report, in this case.

4.In view of the above said development, this Court is inclined to enlarge the petitioner on anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16900 of 2022 5.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Sivagiri, on condition that the petitioner shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 29/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-14043[I] dated 30/11/2022 )

ORDER

IN CRL OP(MD) No.16900 of 2022 Date :29/11/2022 PNM RS/VR/SAR.3(02.12.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2