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Madras High CourtCRL OP(MD)/21376/2018granted

Vinu, v. The Inspector Of Police

2018-12-04Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21376 of 2018 VINU ... PETITIONER / ACCUSED NO.2 Vs THE STATE REPRESENTED BY.

THE INSPECTOR OF POLICE, PUDUKKADAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME.NO.154/2010) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SIVAKUMAR Advocate For Respondent : Mr.ASOKAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 IPC in Cr.No.154 of 2010 seeks anticipatory bail. 2.The petitioner was absent during the trial in S.T.C.No.889 of 2010 on the file of the learned Judicial Magistrate No.2, Kuzhithurai. Therefore, Non-Bailable Warrant came to be issued on 29.07.2016.

3.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. He further submits that he would offer fresh sureties and bail bond.

4. Considering the above facts and circumstances of the case, this Court directs the petitioner to surrender before the learned Judicial Magistrate No.2, Kuzhithurai, and to file a petition for recalling the warrant within 10 days from the date of receipt of a copy of this order and the learned Magistrate is directed to consider the same, on the same day and pass orders on merits and in accordance with law. The earlier sureties furnished by the petitioner will stand cancelled and the petitioner shall execute a fresh sureties to the satisfaction of the learned trial Magistrate. https://hcservices.ecourts.gov.in/hcservices/

5.Accordingly, this Criminal Original Petition is disposed of. sd/- 04/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-II, KUZHITHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE PUDUKKADAI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.SIVAKUMAR Advocate SR.No.22633 PS/JC/SAR-3/11/12/2018/2P/6C

ORDER

IN CRL OP(MD) No.21376 of 2018 Date :04/12/2018 https://hcservices.ecourts.gov.in/hcservices/