Madras High CourtCRL OP/4152/2021disposed of

K.Kubendari v. The State Rep By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Third day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4152 of 2021 K.KUBENDARI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARNI, THIRUVANNAMALAI DISTRICT (CRIME NO.1 OF 2018) For Petitioner : M/S.U.SRIMURUGAN Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376 (1), 376(2), (n), r/w 109 of IPC and Section 4, 6 r/w 5(1), 17, 22

(1) of POCSO Act 2012 in Crime No.1 of 2018, seeks anticipatory bail.

2. The learned Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 03.09.2020 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 Learned Special Court for exclusive trial of cases under POCSO Act, Tiruvannamalai District 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/- 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARNI, THIRUVANNAMALAI DISTRICT +1CC to M/S.U.SRIMURUGAN Advocate on payment of necessary charges SR NO.2768 CRL OP.4152/2021 Date :03/03/2021 MK:12/03/2021 https://hcservices.ecourts.gov.in/hcservices/