Madras High CourtCRL OP(MD)/919/2021disposed of

Alavudeen@Sheik Alvudeen v. The Inspector Of Police

2021-01-22Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). Nos.919 and 921 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). Nos.919 and 921 of 2021 Alavudeen @ Sheik Alvudeen ... Petitioner/Accused No.1 in both Crl.O.Ps.

Vs State Rep. by The Inspector of Police, Pallathur Police Station, Sivagangai, ... Respondent/Complainant in both Crl.O.Ps.

(C.C.No.38/2019) Crime No.107/2012 In CRL OP(MD) No.919/2021 (C.C.No.39/2019) Crime No.88/2012.

In CRL OP(MD) No.921/2021 IN BOTH CRL.O.PS.:

For Petitioner : Mr.Neethi Mohan.K, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner/Accused on anticipatory bail in C.C.NOs.38 and 39 of 2019 pending trial in the event of arrest, on the file of the Learned Principal District Munsif Cum Judicial Magistrate, Karaikudi and thus render justice. COMMON ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police in C.C.Nos.38 and 39 of 2019 on the file of the Learned Principal District Munsif Cum Judicial Magistrate, Karaikudi, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.Nos.38 and 39 of 2019 on the file of the Learned Principal District Munsif Cum Judicial Magistrate, Karaikudi. Therefore, Non-Bailable Warrant has been issued on 21.05.2018.

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CRL OP(MD). Nos.919 and 921 of 2021 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.

4.Considering the undertaking given by the petitioner, the petitioner is directed to appear before the Learned Principal District Munsif Cum Judicial Magistrate, Karaikudi, within a period of two weeks from the date of receipt of copy of this order and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

5.Accordingly, these Criminal Original Petitions are disposed of.

sd/- 22/01/2021 / TRUE COPY / / /2021 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 PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, PALLATHUR POLICE STATION, SIVAGANGAI.

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

ORDER

IN CRL OP(MD) Nos.919 & 921 of 2021 Date :22/01/2021 vsg JM/VR/SAR I/03.02.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2