Allowed

T.Rajapandi v. The Sub Inspector of Police

Madras HC16 Mar 2021CRL OP(MD)/3834/2021

Case brief

AI extract

What is this about?

This order converts an anticipatory bail petition into a bail petition after the petitioner surrendered. The Madurai Bench released the petitioner on bail subject to conditions including execution of bond, appearance for interrogation, and not absconding, finding continued incarceration unwarranted.

What did the court decide?

Petitioner released on bail subject to execution of bond, appearing for interrogation, and not absconding.

T.Rajapandi Vs The Sub Inspector of Police — Property and Title | Madras HC (2021)

¶1

CRL OP(MD). No.3834 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 16/03/2021

¶5

The Hon`ble Mr.Justice G.R.SWAMINATHAN

¶6

CRL OP(MD). No.3834 of 2021

¶7

T.Rajapandi ... Petitioner/Accused NO.2

¶8

¶9

The State rep.by, The Sub Inspector of Police, Sattur Taluk Police Station, Virudhunagar District Crime. No.205/2019..

¶10

... Respondent/Complainant

¶11

For Petitioner : M/s.Saravanakumar.P., Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

¶12

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-

¶13

For Anticipatory Bail in Crime No. 205 of 2019 on the file of the Respondent Police.

¶14

ORDER : The Court made the following order :-

¶15

Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

¶16

The petitioner is figuring as accused No.2. He apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C. and Section 21(1) of Mines and Minerals Act in Crime No.205 of 2019 on the file of the respondent police, seeks anticipatory bail.

¶17

It is indicated on the last occasion that if the petitioner surrenders before the respondent, the petition for anticipatory bail will be converted into bail petition.

¶18

https://hcservices.ecourts.gov.in/hcservices/

¶19

1/3

¶20

CRL OP(MD). No.3834 of 2021

¶21

It is now stated that the petitioner surrendered before the respondent yesterday (15.03.2021) and he is now confined in the District Jail, Virudhunagar. Therefore, I convert this anticipatory bail petition as bail petition.

¶22

The case was registered way back in the year 2019. I am of the view that the petitioner's continued incarceration is not warranted. Therefore, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

¶23

(i)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 Judicial Magistrate No.II, Sattur.

¶24

(ii) the petitioner is directed to appear before the respondent as and when required for interrogation.

¶25

(iii)the petitioner shall not abscond.

¶26

(iv)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].

¶27

16/03/2021

¶28

/ TRUE COPY /

¶29

/ /2021

¶30

Sub-Assistant Registrar (C.S.)

¶31

Madurai Bench of Madras High Court,

¶32

Madurai - 625 023.

¶33

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

¶34

¶35

1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

¶36

2 DO THROUGH:

¶37

THE CHIEF JUDICIAL MAGISTRATE,

¶38