Isaiventhan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.435 of 2022 Isaiventhan ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District (Crime No. 132 of 2021).

... Respondent/Complainant For Petitioner : M/s.Arun Kumar.K.G., Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.132 of 2021 on the file of the respondent Police.

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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 328 I.P.C., r/w.21 (a), 27(a) of NDPS Act in Crime No.132 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The learned counsel for the petitioner would submit that on the previous occasion, he was granted bail by the Principal District Judge, Pudukottai, on 04.10.2021 and a condition was imposed upon him to stay at Chengalpattu and sign before the concerned Judicial Magistrate, Chengalpattu. Due to his ill-health, he was not in a https://hcservices.ecourts.gov.in/hcservices/

position to comply with the condition. So, the bail was cancelled and now, he was not arrested. The warrant was issued against the petitioner. Seeking anticipatory bail, this petition came to be filed on the above said ground. When the bail granted by the concerned Court has been cancelled, the appropriate remedy or relief, as the case may be, is to approach the concerned Court. Without approaching the concerned Court, the petitioner has approached this Court straight away by filing this petition for anticipatory bail which will not lie. So, the petitioner has to approach the concerned Court for appropriate relief or remedy, as the case may be.

4. With the above said observation, this petition for anticipatory bail stands dismissed.

Sd/- 10/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

btr/gbg 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 PRINCIPAL DISTRICT JUDGE, PUDUKKOTTAI.

2. THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DISTRICT

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

ORDER

IN CRL OP(MD) No.435 of 2022 Date :10/01/2022 SP/PN/SAR I/01/02/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/