Aasaithambi M/A 35 Yrs, v. State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8878 of 2017 (In C.C.No.27/2014 On the file of the Judicial Maagistrate, kattumannar koil) AASAITHAMBI [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, T.PUTHUR POLICE STATION, CUDDALORE DT.
For Petitioner : M/S.P.ANBAZHAGAN Advocate For Respondent : MR. B. RAMESH BABU, Govt. Advocate ( 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 offence punishable under Sections 294(b), 323, 354 and 506(ii) of I.P.C., in Crime No.79 of 2012 on the file of the respondent police and hence, pray for anticipatory bail.
2.It is averred in the petition that non bailable warrant was issued on 06.09.2016. The learned counsel for the petitioner submits that the petitioner is having a permanent residence and therefore, he may be granted anticipatory bail.
3. The learned Government Advocate (Crl. Side) opposes this petition contending that there are four accused in the case and the case could not be proceeded with for want of this petitioner.
4.NBW has been pending from 06.09.2016 and the case could not be proceeded with as against the other accused also for want of this petitioner. Therefore, this Court is not inclined to entertain this petition. This petition is dismissed. However, the petitioner is directed to surrender before the Trial Court, i.e., The Judicial Magistrate Court, Kattumannaar Koil, within fifteen days from today (04.05.2017) and the Trial Court is required to pass orders on the petition filed by the petitioner on merits on the same day.
-sd/- 04/05/2017 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 COURT, KATTUMANNAAR KOIL ,CUDDALORE DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, T.PUTHUR POLICE STATION, CUDDALORE DT.
+1CC to M/S.P.ANBAZHAGAN Advocate on payment of necessary charges SR.NO. 8390 CRL OP.8878/2017 Date :04/05/2017 EGR 08/05/2017