Madras High CourtCRL OP/11820/2022disposed of

K.P.Joseph v. The State Rep By Its

2022-05-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11820 of 2022 K.P.JOSEPH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, THE DISTRICT CRIME BRANCH, ERODE DISTRICT.

(CRIME NO.13 OF 2014) For Petitioner : M/S.M.DINESH Advocate For Respondent : MR.A.DAMODARAN, 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 406 and 420 of I.P.C., in Crime No.13 of 2014, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner was not aware of the charge sheet and hence, on 24.05.2019, the petitioner was not able to appear before the learned Judicial Magistrate II, Erode, in respect of the case in C.C.No.616 of 2019 and hence, non-bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3. The learned Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 24.05.2019 and the same is pending.

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4. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate II, Erode, within a period of two weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.

This criminal original petition is disposed of accordingly. -sd/- 19/05/2022 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, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ERODE DISTRICT.

+1 CC to M/S.M.DINESH Advocate on payment of necessary charges SR.NO.7387 CRL OP.11820/2022 Date :19/05/2022 TA-20/05/2022 https://hcservices.ecourts.gov.in/hcservices/