P. Surender v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.369 and 371 of 2020 P.Surender ... Petitioner/Accused No.1 in both Crl.O.Ps.

Vs State rep. by The Inspector of Police, Tenkasi Police Station, Tenkasi District.

(Crime No.442/2018).

... Respondent/Complainant in Crl.O.P.(MD)No.369 of 2020 State rep. by The Inspector of Police, Tenkasi Police Station, Tenkasi District.

(Crime No.456/2018).

... Respondent/Complainant in Crl.O.P.(MD)No.371 of 2020 For Petitioner : M/s. P.T.Ramesh Raja, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor (in both Crl.O.Ps.) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER in Crl.O.P.(MD)No.369 of 2020 :- For Anticipatory Bail in S.C.No. 517/2018 on the file of the Additional District and Sessions Court, Tenkasi. PRAYER in Crl.O.P.(MD)No.371 of 2020 :- For Anticipatory Bail in S.C.No. 518/2018 on the file of the Additional District and Sessions Court, Tenkasi. 1/3

COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner is facing trial in S.C.Nos.517 and 518 of 2018 on the file of the Additional District and Sessions Judge, Tenkasi. Both the cases are for the offences under Section 302 of IPC. The petitioner is figuring as A1 in both the cases. On account of his absence on a particular date, a non-bailable warrant came to be issued.

3.The learned Additional Public Prosecutor states that the petitioner is facing as many as seven cases.

4.The learned counsel for the petitioner on instructions gives an undertaking that the petitioner will appear in all the seven cases without any default. If he is unable to appear, he will have a petition under Section 317 of Cr.P.C., filed by his counsel. In other words, on account of his absence, the trial in any of the seven cases will not stalled. If this undertaking is breached, this Court will cancel the relief now granted.

5.Recording the undertaking given by the learned counsel for the petitioner I permit the petitioner to appear before the trial Court on the next hearing date which is said to be fixed on 10.02.2020 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 issued against the petition in both the cases shall be kept in abeyance till then. 6.The Criminal Original petition stands disposed of, on these terms.

sd/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, TENKASI.

2 THE INSPECTOR OF POLICE TENKASI POLICE STATION, TENKASI DISTRICT.

2/3

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

+2 CC to M/s.P.T.RAMESH RAJA, Advocate SR.No - 667 & 668

ORDER

IN CRL OP(MD). Nos.369 and 371 of 2020 Date :10/01/2020 PNN JM/PN/SAR 1/22.01.2020/3P/6C 3/3