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Madras High CourtCRL OP(MD)/22204/2013granted

T.V.Sundaravadanam v. The Superintendent Of Police

2013-12-20Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.22204 of 2013 T.V.SUNDARAVADANAM ..PETITIONER/SOLE ACCUSED Vs.

STATE REP BY 1 THE SUPERINTENDENT OF POLICE THANJAVUR DIST 2 THE INSPECTOR OF POLICE NADUKKAVERI POLICE STATION, THANJAVUR.

CR.NO.NOT KNOWN OF 2013 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.VEERA KATHIRAVAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 379 and 447 I.P.C, seeks anticipatory bail.

2. The learned Government Advocate (Criminal side) on instruction would submit that as on today no complaint is pending on the file of the second respondent against the petitioner and therefore, there is no question of arresting him or harassing him.

3. In response, the learned counsel for the petitioner inviting the attention of this Court to the affidavit filed by the petitioner dated 20.12.2013 in this petition and would submit that the petitioner is aged about 71 years and is suffering on account of paralysis and based on the complaint of the defacto complainant, he is being harassed by the second respondent police.

4. On the above submissions, this Court heard the learned Government Advocate (Crl. Side) and also perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Thanjavur and on his executing a personal 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 petitioner shall appear before the respondent police as and when required for the purpose of interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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/- 20/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III, THANJAVUR. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, NADUKKAVERI POLICE STATION, THANJAVUR, 5 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.VEERA KATHIRAVAN Advocate SR.No.62190 ORDER IN CRL OP(MD) No.22204 of 2013 Date :20/12/2013 PBK 27/12/2013 2P/7C https://hcservices.ecourts.gov.in/hcservices/