Madras High CourtCRL OP/12657/2022granted

S.Sankar v. State Rep By

2022-05-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12657 of 2022 IN C.C.NO.91 of 2017 (On the file of the Judicial Magistrate Court, Uthangarai, Krishnagiri District) S.SANKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

(CRIME NO.145 OF 2017) For Petitioner : M/S.J.PRADEEP Advocate For Respondent : The public prosecutor PETITION FOR ANTICIPATORY BAIL 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 452, 294(b), 323, 324 and 506(ii) of IPC, subsequently altered into Sections 452, 294(b), 323, 324, 326 and 506(ii) of IPC, in Crime No.145 of 2017, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner is working in CRPF at Srinagar and that the petitioner was not aware about the hearing of the case and therefore, the petitioner was not able to appear before the learned Judicial Magistrate, Uthangari, in respect of the case in C.C.No.91 of 2017. Hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the petitioner would appear before the Court below regularly on all future hearing dates without fail. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl. Side) would submit that the non bailable warrant has been issued against the petitioner on 01.02.2022 and the same is pending.

4. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Uthangarai, 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.

5. This criminal original petition is disposed of accordingly. -sd/- 27/05/2022 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, UTHANGARAI, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.12657/2022 Date :27/05/2022 JPA 01/06/2022 https://hcservices.ecourts.gov.in/hcservices/