S. S. Sambandan v. Inspector of Police, Coimbatore City
2006-10-17
C.NAGAPPAN
body2006
DigiLaw.ai
Judgment : 1. The petitioner apprehends arrest for the alleged offences under Sections 406 and 420 I.P.C. in Crime No. 136 of 2006 on the file of the second respondent viz., the Inspector of Police, Lalbagh Police Station, Burhanpur, Indore District,Madhya Pradesh. 2. The learned counsel for the petitioner submits that the case has been registered for the alleged offences which were said to have been committed on 23.9.2004 and the complaint was given by Jadavji Kanji Sons Ginning and Pressing Co., Mumbai to the second respondent and the second respondent is trying to arrest the petitioner with the help of first respondent. The learned counsel further submits that he has already sent telegraphic notices about this petition to both the complainant as well as the second resondent. 3. The learned Government Advocate (Crl. side) submits that no warrant was received by the first respondent till now. 4. A Division Bench of this Court, in a decision reported in Shanthi Swaroop, S. P. v. State of Tamil Nadu 1992 LW (Crl) 476 has held as follows :- “The High Court or the Court of Session has got power under Section 438 Cr.P.C. to grant anticipatory bail irrespective of the locale of the commission of the offence. In other words, in respect of persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court, irrespective of the fact that they are residents of the place over which this Court was having jurisdiction, this Court can grant them anticipatory bail. However, we wish to observe that while granting anticipatory bail. this Court has to restrict the relief for a limited period and to direct the concerned persons to move the Court which is having jurisdiction over the mattes in the meantime and also impose such condition so as to make the petitioners available for interrogation by the concerned police in the meantime.” 5. In view of the decision of the Division Bench of this Court referred to above and also considering the facts and circumstances of the case,I am inclined to release the petitioner on anticipatory bail for a period of four weeks only from the date of receipt of a copy of this order, in the event of arrest, on his executing a bond for a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) together with two sureties each for a like sum to the satisfaction of Judicial Magistrate, No.5, Coimbatore on further condition that within the said period of four weeks, the petitioner shall appear before the concerned Court of jurisdiction and move for anticipatory bail before the said Court. 6. The petitioner shall surrender before the Court referred to above for executing the bond and furnish sureties within two weeks from the date of receipt of copy of this order, failing which, this order shall stand cancelled. 7. It is also made clear that no more extension of time can be granted for more than four weeks.