Madras High CourtCRL OP/20540/2020closed

Mariyan @ Mariya Arokyam v. The Inspector Of Police

2021-02-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.20540 of 2020 Mariyan @ Mariya Arokyam

...Petitioner

Vs.

State rep. by The Inspector of Police, Arumbaveer Police Station, Perambalur District.

(Crime No.116 of 2019) ..Respondent 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 in Spl.S.C.No.63 of 2019 on the file of Mahila Court, Perambalur.

For Petitioner : Mr.R. Sankarasubbu For Respondent : Mr.S.Karthikeyan, Addl. Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(i)(6) of POCSO Act and 366 A of I.P.C, in Crime No.116 of 2019, seeks anticipatory bail.

2. The learned Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 09.12.2020 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 Mahila Court, Perambalur, 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/- 16/02/2021 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 MAHILA COURT, PERAMBALUR, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE ARUMBAVOOR POLICE STATION, PERAMBALUR DISTRICT.

CC to R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.20540/2020 Date :16/02/2021 RVR 08/03/2021 https://hcservices.ecourts.gov.in/hcservices/