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Madras High CourtCRL OP/26437/2018granted

Vengatesh@Poonga Vengatesh@Kathiresan v. State Rep. By

2018-11-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.26437 of 2018 VENGATESH @ POONGA VENGATESH @ [ PETITIONER / ACCUSED ] KATHIRESAN Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, ANTI VICE SQUAD, CHINTADRIPET, CHENNAI 2 (CRIME NO.02 of 2014) For Petitioner : M/S.J.WILLIAM SHAKESPHERE Advocate For Respondent : MRS.M.PRABHAVATHI, 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 3(2)a, 4 (1), 5(1)a, 6(1), 7(1) of Immoral Traffic Prevention Act @ 3(2)a, 4

(1) of Immoral Traffic Prevention Act in Crime No.02 of 2014, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner would submit that on 30.08.2018, he fell ill due to jaundice and taking nativity treatment, the petitioner was not able to appear before the learned IV Metropolitan Magistrate, Saidapet, Chennai-15, in respect of the case in C.C.No.5478 of 2015 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.Heard the learned Additional Public Prosecutor appearing for the respondent.

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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 IV Metropolitan Magistrate, Saidapet, Chennai-15 within a period of 2 weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned IV Metropolitan Magistrate is directed to consider the same on merits in accordance with law and pass orders on the same day.

5.This criminal original petition is disposed of accordingly. -sd/- 15/11/2018 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 METROPOLITAN MAGISTRATE,NO.IV, SAIDAPET, CHENNAI - 15 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ANTI VICE SQUAD, CHINTADRIPET, CHENNAI - 2 CC to M/S.J.WILLIAM SHAKESPHERE Advocate on payment of necessary charges CRL OP.26437/2018 Date :15/11/2018 cm 26/11/2018 https://hcservices.ecourts.gov.in/hcservices/