Madras High CourtCRL OP(MD)/1462/2023disposed of

Manivannan v. The Inspector Of Police

2023-01-25Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.1462 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1462 of 2023 Manivannan ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Civil Supplies CID, Madurai (Crime No.142 of 2015) ... Respondent/Complainant For Petitioner : Mr.S.Baskar Mathuram, Advocate for M/S.Mathuram Law Associates For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of his arrest by respondent police on the strength of the NBW issued in C.C.No.217 of 2019 in Crime No.142 of 2015 on the file of Learned Judicial Magistrate No.I, Sivagangai.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest pursuant to issuance of Non Bailable Warrant in Crime No.142 of 2015 in C.C.No.217 of 2019 on the Judicial Magistrate No.I, Sivagangai, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that the petitioner was regularly appearing before the court from 2019 onwards and on 14.11.2022 only, the petitioner did not appear before the Court due to which Non Bailable Warrant has been issued against him. He prays for grant of anticipatory bail.

3. The learned Government Advocate (Crl.side) would submit that the petitioner has not appeared before the Court on 08.09.2022 and therefore, Non Bailable Warrant has been issued. He would submit https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1462 of 2023 that the case is of the year 2019 and therefore, the petitioner may be directed to surrender and file an application to recall Non Bailable Warrant and he opposed for grant of anticipatory bail.

4. 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/- 25/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.MATHURAM LAW ASSOCIATES, Advocate ( SR-1181[I] dated 25/01/2023 ) +1 CC to M/s.S.BASKAR MATHURAM, Advocate ( SR-1184[I] dated 25/01/2023 )

ORDER

IN CRL OP(MD) No.1462 of 2023 Date :25/01/2023 RS/SSS/SAR.2(15.02.2023) 2P-7C https://www.mhc.tn.gov.in/judis 2/2