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Madras High CourtCRL OP(MD)/21375/2018granted

Viju, 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.21375 of 2018 VIJU, ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PUDUKKADAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.380/2012) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SIVAKUMAR Advocate For Respondent : Mr.M.ASOKAN, Government 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 341, 294(b), 323 and 506(i) IPC in Cr.No.380 of 2012 seeks anticipatory bail.

2.The petitioner was absent during the trial in S.T.C.No.90 of 2013 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. Therefore, Non-Bailable Warrant came to be issued on 30.08.2016.

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.II, 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 https://hcservices.ecourts.gov.in/hcservices/

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. 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.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 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.22634

ORDER

IN CRL OP(MD) No.21375 of 2018 Date :04/12/2018 TA AE/VR MMS/SAR1/11.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/