Madras High CourtCRL OP/4155/2021disposed of

Rajammal v. The Inspector Of Police

2021-03-03Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4155 of 2021 Rajammal ... Petitioner Vs.

The State Rep. by its The Inspector of Police, Vandavasi South Police Station, Vandavasi.

(Crime No.817 of 2010) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in Crime No.817 of 2020 on the file of respondent police.

For Petitioner : Mr.B.Jawahar For Respondent : Mr.S.Karthikeyan, APP

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 174 of Cr.P.C. @ to 364, 396, 397, 302 r/w 120(B) of I.P.C. in Crime No.817 of 2010 on the file of the respondent police, seeks anticipatory bail.

2. Today, when the matter taken up for hearing, the learned Additional Public Prosecutor would submit that the non-bailable warrant is pending against the petitioner before Trial Court. He would further submit that due to his absence, there is no progress in the trial. He would further submit that it is open to the petitioner to surrender before the concerned Court and file a petition for recalling the NBW.

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3. As the non-bailable warrant pending against the petitioner, without approaching the concerned court seeking for recalling the non-bailable warrant, the petitioner cannot seek anticipatory bail. In view of the above, this Criminal Original Petition stands closed with a direction to the petitioner to surrender before the learned Judicial Magistrate Court, Vandavasi within a period of two weeks from the date of receipt of the copy of this order and file an appropriate petition for recalling the non-bailable warrant and the learned trial Judge shall consider the petition and pass appropriate orders on merits, on the same day.

-sd/- 03/03/2021 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, VANDAVASI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE VANDAVASI SOUTH POLICE STATION, VANDAVASI, TIRUVANNAMALAI DISTRICT CC to M/S.B.JAWAHAR Advocate on payment of necessary charges CRL OP.4155/2021 Date :03/03/2021 MK:11/03/2021 https://hcservices.ecourts.gov.in/hcservices/