M.Jayasankar v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.26595 of 2018 1 M.JAYASANKAR [ PETITIONERS / ACCUSED ] 2 S.MEGALADEVI 3 VALARMATHI Vs STATE BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, -1 MYLAPORE POLICE STATION, CHENNAI-600 004.
For Petitioners : M/S.A.EDIN BROUGH 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 petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 324 and 506(i) of IPC and no previous case is pending, seeks anticipatory bail.
2.The learned counsel appearing for the petitioners would submit that on 06.01.2016, the 1st petitioner is due to jaundice the 2nd petitioner is affected with acute diabetic patient and the 3rd petitioner is in pregnant. The petitioners were not able to appear before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, in respect of the case in C.C.No.5889 of 2014 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.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 petitioners, the petitioners are directed to appear before the learned XVIII Metropolitan Magistrate, Chennai, within a period of 2 weeks from today and to file a petition to recall NBW already issued against the petitioners. On filing of such petition, the concerned learned XVIII 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/- 16/11/2018 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB INSPECTOR OF POLICE, E-1 MYLAPORE POLICE STATION, CHENNAI-600 004 +1CC to M/S.A.EDIN BROUGH Advocate on payment of necessary charges SR.NO.21815 CRL OP.26595/2018 Date :16/11/2018 cm 22/11/2018 https://hcservices.ecourts.gov.in/hcservices/