Murugan v. The State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15330 of 2015 1 MURUGAN ... PETITIONER/SOLE ACCUSED Vs THE STATE OF TAMILNADU REP BY ITS THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 37 OF 2010) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.VISHNURAM Advocate For Respondent : MRS.S.PRABHA, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused in Crime No.37 of 2010 on the file of the respondent police apprehends arrest in pursuant to the Non Bailable Warrant issued on 16.06.2014, by the Mahila Fast Track Court, Ramanathapuram, in S.C.No.48 of 2011, for the offences under Sections 302 and 379 IPC, and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner is facing the offences under Sections 302 and 379 IPC. He further submits that the petitioner appeared regularly before the Mahila Fast Track Court, Ramanathapuram and due to his ill-health the petitioner did not appear before the Court on the date of hearing i.e. on 16.06.2014 and hence, non bailable warrant was issued against him. 3.The learned Government Advocate (Crl.side) would submit that the trial has already commenced and the prosecution has been examined 25 witnesses, at this juncture the petitioner absconded and the entire trial proceedings are stalled for the past one year. Hence, the petitioner is not entitled to anticipatory bail.

4. Considering the facts and circumstances of the case this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. However, this Court is inclined to direct the petitioner to surrender before the Mahila Fast Track Court, Ramanathapuram, and to file a petition under Section 70(2) of Cr.P.C to recall the NBW and the Mahila Fast Track Court, Ramanathapuram, is directed to consider the petition on the same day on merits and in accordance with law.

sd/- 07/08/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MAHILA FAST TRACK COURT,RAMANATHAPURAM DISTRICT. 2 THE STATE REP BY INSPECTOR OF ABIRAMAM POLICE STATION,RAMANATHAPURAM DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.VISHNURAM Advocate SR.No. 45366

ORDER

IN CRL OP(MD) No.15330 of 2015 Date :07/08/2015 CSL/AMF/SAR-II 11.08.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/