Madras High CourtCRL OP/21275/2021disposed of

S.Govindaraj v. The State Rep By

2021-11-24Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.11.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.21275 of 2021 1.S.Govindaraj 2.G.Rani ... Petitioners/Accused 4 & 5 Vs.

State Represented by, The Inspector of Police, D-1, Tiruttani Police Station, Tiruttani.

(Crime No. 543 of 2017) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in the event of arrest of Non-Bailable Warrant issued on 05.10.2021 in PRC.No.5 of 2018 on the file of the learned Judicial Magistrate, Tiruttani in Crime No.543 of 2017 on the file of the respondent police.

For Petitioners : Mr.M.Mohammed Hasain For Respondent : Mr.N.S.Suganthan Government Advocate 1/4

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,294(b), 323,324,341,307 and 302 IPC, in Crime No.543 of 2017, seek anticipatory bail.

2. The learned counsel appearing for the petitioners would submit that on 05.10.2021, due to illness, the petitioners were not able to appear before the learned Judicial Magistrate, Tiruttani in respect of the case in PRC.No.5 of 2018 and hence, non bailable warrant has been issued against the petitioners. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

3. The learned Government Advocate would submit that the non bailable warrant has been issued against the petitioners on 05.10.2021 and the same is pending.

4. Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned Judicial 2/4

Magistrate, Tiruttani, 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 learned Judicial Magistrate concerned is directed to consider the same on merits and pass orders on the same day.

5. This criminal original petition is disposed of accordingly. 24.11.2021 rri To 1.The Judicial Magistrate, Tiruttani.

2.The Inspector of Police, D-1, Tiruttani Police Station, Tiruttani.

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI , J.

rri Crl.O.P.No. 21275 of 2021 24.11.2021 4/4