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Madras High CourtCRL OP(MD)/844/2020disposed of

Jayakumar v. The Inspector Of Police

2020-01-22Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.844 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.844 of 2020 Jayakumar, ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

(Crime No.95/2017).

... Respondent/Complainant For Petitioner : M/s. S.M. Sanjay, 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 C.C.No. 191/2017 on the file of the Learned Judicial Magistrate, Devakottai.

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 facing trial in C.C.No.191 of 2017 on the file of the learned Judicial Magistrate, Devakottai for the offences under Sections 147, 341, 427, 294(b), 323, 506(i) and 379 of IPC. 3.Non bailable warrant was issued against the petitioner and it was pending for about three years. The next hearing date is 10.02.2020.

4.The petitioner's counsel gives an undertaking that he will henceforth appear promptly and on account of his absence, the trial will not be affected. If he is absent, his counsel will represent him and file an application under Section 317 of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.844 of 2020 5.I am inclined to grant relief by recording this undertaking of the petitioner. If this undertaking is breached, the benefit now given to the petitioner will stand vacated and the petitioner will be remanded to custody.

6.The petitioner also undertakes to remit a sum of Rs.5,000/- as cost payable to the District Legal Service Authority, Sivagangai. 7.Recording the petitioner's undertaking and subject to the aforesaid condition to pay a sum of Rs.5,000/-, the petitioner is permitted to appear before the Court below on 10.02.2020 and apply for recall of warrant. The Court below shall recall the warrant issued against the petitioner on the same day in the evening and the petitioner will not be remanded to custody. Non Bailable Warrant shall be kept in abeyance till then.

8.With this direction, this criminal original petition is disposed of.

sd/- 22/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, DISTRICT LEGAL SERVICE AUTHORITY, SIVAGANGAI. +1 CC to M/s.S.M.SANJAY, Advocate ( SR-1107[I] dated 22/01/2020 )

ORDER

IN CRL OP(MD) No.844 of 2020 Date :22/01/2020 rmi AE/SKN/SAR-II (29.01.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2