Azad v. The Inspector Of Police

CRL OP(MD). No.56 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.56 of 2020 Azad, ... Petitioner/Accused No.4 Vs The State rep.by The Inspector of Police, Arumanai Police Station, Kanyakumari District (Crime No.5 of 2016).

... Respondent/Complainant For Petitioner : M/s. S. Sivakumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in P.R.C.No.39 of 2017 on the file of Judicial Magistrate No.I, Kuzhithurai ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is figuring as accused in P.R.C.No.39 of 2017, on the file of the learned Judicial Magistrate No.I, Kuzhithurai, for the offences under Sections 294(b), 352 and 307 of I.P.C., and Section 3(1) of Tamilnadu Public (Prevention of Damage and Loss) Act.

3. The petitioner did not appear before the Committal Court on 10.09.2018. That led to issuance of Non Bailable Warrant. Hence, he seeks anticipatory bail.

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CRL OP(MD). No.56 of 2020

4. The petitioner through his counsel gives an undertaking that he will appear in all the future hearings without any default. If he is unable to appear, his counsel will represent him and file an application under Section 317 of Cr.P.C. On account of the petitioner's absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

5. Recording the said undertaking given by the petitioner through his counsel, the petitioner is directed to appear before the Court below on 30.01.2020 and apply for recall of warrant. On such application being filed, the Court below shall recall the warrant at the end of the day. Non Bailable Warrant shall be kept in abeyance till then.

6. The Criminal Original petition stands disposed of, on these terms.

sd/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

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

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

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-176[I] dated 06/01/2020 )

ORDER

IN CRL OP(MD) No.56 of 2020 Date :06/01/2020 IAS AE/JC/SAR-III (08.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2