Allowed

Kasinathan v. the Inspector of Police

Madras HC16 Feb 2015CRL OP(MD)/14154/2014

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the accused under Section 438 Cr.P.C. for offences under sections 406, 417 and 420 of the I.P.C., contingent upon the completion of a payment undertaking and adherence to specific conditions including reporting and court appearance.

What did the court decide?

Petitioner granted anticipatory bail and ordered to be released upon arrest, subject to conditions including payment of sum to complainant and appearing before Judicial Magistrate within 15 days.

Kasinathan Vs the Inspector of Police — Anticipatory Bail | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Sixteenth day of February Two Thousand Fifteen

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PRESENT

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The Hon`ble Mr Justice P.N.PRAKASH

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CRL OP(MD) No.14154 of 2014

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KASINATHAN ..PETITIONER/ACCUSED No.1 Vs.

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STATE REP.BY THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANATHAPURAM DIST. CRIME NO.105/2014 ..RESPONDENT/COMPLAINANT

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For Petitioner : M/S.K.MAHENDRAN Advocate For Respondent : Mr.P.KANNIDEVAN, Government Advocate (Crl.Side) For Intervenor : Mr.ARULVADIVEL @ SEKAR, Advocate

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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Apprehending arrest at the hands of the respondent police in Crime No.105 of 2014 on the file of the respondent police for offences under Sections 406, 417 and 420 of I.P.C., the petitioner is now before this Court seeking Anticipatory Bail.

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On 02.02.2015, this Court passed the following order:

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" On 28.01.2015, the learned counsel for the petitioner undertook to pay a sum of Rs.50,000/- to the de-facto complainant. Hence, the matter was listed today 'for compliance'. Today, the learned counsel for the petitioner seeks 10 days time for compliance.

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Hence, this case is adjourned to 16.02.2015 under the caption 'for orders'."

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Today, when the matter was taken up for hearing, Mr.K.Mahendran, learned counsel appearing for the petitioner handed over a sum of Rs.50,000/- in cash to Mr.Arulvadivel @ Sekar, learned counsel for the de-facto complainant in open Court.

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In view of this, anticipatory bail is granted to the petitioner. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mudukulathur, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that,

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(a) the petitioner shall report before the respondent police as and when required for interrogation.

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[b] the petitioner shall give his thumb impression, specimen https://hcservices.ecourts.gov.in/hcservices/ signatures and handwritings.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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sd/-

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