Madras High CourtCRL OP/1303/2021dismissed

Sadham Hussain v. State Rep By

2021-02-01Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.02.2021 CORAM :

THE HON'BLE MR. JUSTICE P. VELMURUGAN Crl.O.P.No.1303 of 2021 Sadham Hussain ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Saravanampatti Police Station Coimbatore District.

(Crime No.174 of 2015) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.174 of 2015 pending investigation on the file of the Respondent.

For Petitioner : Mr.M.Seeni Sulthan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

The respondent police has registered the criminal case against the petitioner for an alleged offence under Sections 302 of I.P.C. in Crime No.174 of 2015. Subsequently, the investigation has been completed, the charge sheet has been filed and the same was taken on file in P.R.C.No.25 of 2015 on the file of learned Judicial Magistrate No.II, Coimbatore. At this stage, the petitioner has filed the present petition apprehending arrest that the non-bailable warrant is pending and he would be arrested by the respondent police.

2. The learned Additional Public Prosecutor appearing for the respondent would submit that there is no warrant is pending against the petitioner, which is only P.R.C.No.25 of 2015 and the summons was issued to the petitioner.

3. On a perusal of records, and as stated by the learned Additional Public Prosecutor, there is no warrant is pending against the petitioner and the case is pending before the learned Judicial Magistrate No.II, Coimbatore in P.R.C.No.25 of 2015. Therefore, at this stage, the apprehension of the petitioner is not supporting with https://hcservices.ecourts.gov.in/hcservices/

any materials. Hence, this petition is liable to be dismissed. Accordingly, this Criminal Original petition is dismissed. -sd/- 01/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRICT.

CC to M/S.M.SEENI SULTHAN Advocate on payment of necessary charges CRL OP.1303/2021 Date :01/02/2021 MN-05/02/2021 https://hcservices.ecourts.gov.in/hcservices/