Kannagi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.15575 of 2023 Kannagi ... Petitioner/Accused Vs The State represented by The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

Cr.No.8/2016.

... Respondent/Complainant For Petitioner : M/s.Ramalingam.K.C., Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 8/2016 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406,419 and 420 of IPC in Crime

No.8 of 2016(C.C. No.100 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai) on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would contend that earlier the petitioner was granted bail and he was appearing before the trial Court on hearing dates without fail. On 01.08.2023 due to ill health the petitioner was unable to appear before the Court, hence Non Bailable warrant came to be issued, hence he seeks anticipatory bail.

3. The learned Additional Public Prosecutor would submit that Non Bailable Warrant was issued against the petitioner and because of her absence the trial Court is unable to proceed with the trial, hence he objected to grant anticipatory bail to the petitioner.

4. Heard both side and perused the materials available on record.

5. Considering the rival submissions on either side and considering the fact that the case stands posted for trial and also considering the fact that earlier the petitioner was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivagangai 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 on further condition that: [a] the petitioner shall report before the Judicial Magistrate No.II, Sivagangai on all hearing dates without fail and cooperate for speedy disposal of the case. sd/- 28/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.K.C.RAMALINGAM, Advocate ( SR-12862[I] dated 28/08/2023 )

ORDER

IN CRL OP(MD) No.15575 of 2023 Date :28/08/2023 SS/VR/31/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023