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Madras High CourtCRL OP(MD)/183/2022dismissed

Isaiventhan v. The Inspector Of Police

2022-01-06Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.183 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.183 of 2022 Isaiventhan ... Petitioners/Sole Accused Vs State Rep.by The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

Cr.No.876 of 2021. ... Respondent/Complainant For Petitioner : M/s.Arun Kumar.K.G, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.876 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 229 (A)IPC, in Crime No.876 of 2021, seeks anticipatory bail. 2.The case against the petitioner is that he failed to appear before the Court, after release on bail. Hence, the complaint. 3.On the side of the petitioner it is stated that due to severe fever, the petitioner was not able to comply with the condition imposed by the Court. The interim bail was granted in Crl.M.P.No.4463 of 2021 on 01.11.2021, with a condition to stay at Chengalpattu and to sign before the learned Judicial Magistrate, Chengalpattu. The petitioner could not appear before the concerned Court for three days and the learned Judge has passed a non-bailable warrant against the petitioner. The petitioner is ready to abide the condition and pray the petitioner to be released on anticipatory https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.183 of 2022 bail.

4.On the side of the respondent, it is stated that it is the duty of the petitioner to comply the conditions imposed by the Court and the petitioner failed to comply with the conditions and has failed to appear before the Court, hence, the petitioner is liable to be punished under Section 229(A) IPC and prayed that the petition to be dismissed.

5.It is seen that the petitioner has not complied with the conditions imposed by the Court for releasing him on bail. The reason for non-compliance, as stated by the petitioner is severe fever. The nature of the disease, the period of treatment were not stated in the petition. No supporting medical documents are filed along with the petition. The reason stated by the petitioner is not satisfactory.

6.Hence, this Criminal Original Petition is dismissed. sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.183 of 2022 Date :06/01/2022 RS/VR/SAR.3(10.01.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2