BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15993 of 2011 KARUNANITHI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI DISTRICT CR.NO. NOT KNOWN/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.SATHISH BABU Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 224 & 506 (i) I.P.C and hence, seeks anticipatory bail. 2.Heard Mr.N.Sathishbabu, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner was taking treatment in Government Hospital, Madurai enroute to the Central Prison for being put in judicial custody in Crime No.366 of 2011 and in the mean time, he is said to have escaped from the custody of police and therefore, the present case has been registered. He would further submit that the Doctor who has examined the petitioner advised them to take the petitioner to Government Rajaji Hospital for better treatment since he was in a critical condition. When the petitioner was examined before the Government Rajaji Hospital, they advised him to take the petitioner to the Meenakshi Mission Hospital, Madurai since no facilities were available in the said Government Hospital. He would further submit that the respondent police despite the advise of the doctor took him to prison for confinement and therefore, the petitioner has no other option except to escape to safeguard his life and now the petitioner is ready to abide any condition or to surrender himself before the learned Judicial Magistrate for seeking regular bail. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Additional Public Prosecutor (Crl. Side) would submit in his argument that the petitioner has voluntarily escaped from the clutches of police from the Government Rajaji Hospital and the plea of the petitioner for grant of anticipatory bail may not be considered. 5. Considering the facts and circumstances of the case, I could see that the petitioner has escaped from the clutches of law i.e., from the police when he was about to be produced before the prison as per the direction issued by the learned Magistrate in his remand order. Whatever may the reasons be, it could have been placed before the Superintendent of Prison if he was put in prison and the prison authority would look after him if the life of the petitioner is in danger and therefore, the reasons attributed by the petitioner for his escape from the clutches of police cannot be appreciated. 6.However, the learned counsel appearing for the petitioner would request to permit the petitioner to surrender before the Court concerned for seeking bail. As regards the submission, the petitioner is permitted to surrender before the learned Judicial Magistrate No.VI, Madurai and to seek for bail within a period of 15 days from the date of receipt of a copy of this order. The said Court is directed to consider the bail application purely on merit and to pass appropriate orders in accordance with the law preferably on the same day. With the aforesaid direction, this petition is disposed of. Sd/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI 2 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI DIST 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.SATHISH BABU Advocate SR.No.43507 ssk/15.12.2011 /5c -2p/- ORDER IN CRL OP(MD) No.15993 of 2011 Date :13/12/2011 https://hcservices.ecourts.gov.in/hcservices/