Madras High CourtCRL OP(MD)/1055/2023disposed of

Selvam v. The Inspector Of Police

2023-01-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.1055 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1055 of 2023 Selvam ... Petitioner/Accused No.10 Vs The State rep.by The Inspector of Police, Vattathikottai Police Station, Thanjavur District (Crime No.53 of 2011) ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, Advocate.

For Respondent : Mr.M.Veeranthiran Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.53 of 2011 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest pursuant to issuance of Non Bailable Warrant on 19.06.2019 in C.C.No.681 of 2013 on the Sessions Court, Thanjavur and seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that the petitioner is the 10th accused and the respondent had initially registered a case in Crime No.53 of 2011 for the offences under Sections 147, 148, 294(b), 336 and 334 and 506(iii) IPC. The petitioner was granted anticipatory bail by the Sessions Court, Thanjavur in Crl.M.P.No.1362 of 2011 vide order dated 26.05.2011. Subsequently, final report was filed and the case was taken on file as C.C.No.681 of 2013. Thereafter, due to non appearance of the petitioner on 19.06.2019, Non Bailable Warrant was issued.

3. The learned counsel for the petitioner would submit that the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1055 of 2023 petitioner is ready to co-operate for disposal of the trial. Therefore, the petitioner has sought for anticipatory bail.

4. The learned Government Advocate (Crl.side) would submit that it is a case of the year 2013 and the petitioner may be directed to surrender and file an application to recall Non Bailable Warrant and he opposed for grant of anticipatory bail.

5. Considering the facts and circumstances of the case, a direction is issued to the petitioner to surrender before the trial court and file an application to recall Non Bailable Warrant and on such application being filed, the learned Magistrate is directed to consider and pass orders on the same day by considering the merits of the case. This petition is disposed of accordingly sd/- 20/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE INSPECTOR OF POLICE VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1055 of 2023 Date :20/01/2023 VA/BUC/SAR-4/21.02.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2