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Madras High CourtCRL OP/3274/2021closed

Kaliyamoorthy v. State Rep By,

2021-02-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3274 of 2021 Kaliyamoorthy

...Petitioner

Vs.

State rep. by ..Respondent The Inspector of Police, Thirubuvani Police Station, Puducherry.

(Crime No.02 of 2019) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest pending trial in C.C.No.608 of 2020 on the file of the Judicial Magistrate - IV - Puducherry. For Petitioner : Mr.W. Camyles Gandhi For Respondent : Mr.V. Balamurugane Addl. Public Prosecutor.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406 and 420 of I.P.C, in Crime No.608 of 2020, seeks anticipatory bail.

2. The learned Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 21.12.2020 and the same is pending.

4. Considering the fact that a NBW is pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is directed to appear before the Judicial Magistrate - IV Puducherry in C.C.No.608 of 2020., within a period of two weeks from the date of receipt of the copy of this order and to file a petition under Section 70(ii) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned Magistrate, is directed to consider the same on merits and pass orders on the same day.

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5. This criminal original petition is disposed of accordingly.

-sd/- 19/02/2021 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-IV, PUDUCHERRY.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR PUDUCHERRY, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUBUVANI POLICE STATION, PUDUCHERRY.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR NO. 1975 CRL OP.3274/2021 Date :19/02/2021 MN-11/03/2021 https://hcservices.ecourts.gov.in/hcservices/