Madras High CourtCRL OP(MD)/1848/2020granted

Thommai Ignatious Brighten v. The Inspector Of Police

2020-02-04Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1848 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1848 of 2020 THOMMAI IGNATIOUS BRIGHTEN ... PETITIONER/SOLE ACCUSED VS THE INSPECTOR OF POLICE, KUDANKULAM POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.49 OF 2010).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.C.K.M.Appaji, 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 Crime No.49 of 2010 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 is facing trial in S.C.No.124 of 2017, on the file of the learned Sub Court, Valliyoor for the offences under Section 294(b), 323, 324 and 307 of I.P.C. NBW came to be issued on account of his abscondance on 09.01.2020. Hence, he filed this criminal original petition seeking anticipatory bail.

3. The petitioner through his counsel gives an undertaking that he will appear in all the future hearings without any default. If he is unable to appear, his counsel will represent him and file an application under Section 317 of Cr.P.C. On account of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1848 of 2020 petitioner's absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

4. Recording the said undertaking given by the petitioner through his counsel, the petitioner is directed to appear before the Court below on 13.02.2019 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 shall be kept in abeyance till then.

5. The Criminal Original petition stands disposed of, on these terms.

sd/- 04/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KUDANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-2212[I] dated 04/02/2020 )

ORDER

IN CRL OP(MD) No.1848 of 2020 Date :04/02/2020 IAS JM/VR/SAR 3/10.02.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2