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Madras High CourtCRL OP(MD)/1353/2020disposed of

V.Chinnaraja v. The Inspector Of Police

2020-01-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1353 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1353 of 2020

1. V.Chinnaraja

2. F.Michalraj

3. M.Nagaraj ... Petitioners/Accused No.4,5&6 Vs The Inspector of Police, Theni Police Station, Theni.

(Crime No.313 of 2011). ... Respondent/Complainant For Petitioners : M/s.V.Illanchezian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for enlarge the petitioners on bail in the event of their arrest in NBW issued in C.C.No.91 of 2013 on the file of the Judicial Magistrate, Theni dated 24.10.2019 in Crime No.313 of 2011 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners are facing trail in C.C.No.91 of 2013, on the file of the learned Judicial Magistrate, Theni, for the offences under Sections 406 and 477(A) of I.P.C. NBW was issued against the petitioners. Hence, this criminal original petition has been filed seeking anticipatory bail.

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CRL OP(MD). No.1353 of 2020

3. The petitioners through their counsel give an undertaking that they will appear in all the future hearings without any default. If they are unable to appear, their counsel will represent them and file an application under Section 317 of Cr.P.C. On account of the petitioners' absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioners will be remanded to custody.

4. Recording the said undertaking given by the petitioners through their counsel, the petitioners are directed to appear before the Court below on 20.02.2020 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/- 28/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THENI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI.

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

+1. CC to M/S.V.ILLANCHEZIAN Advocate SR.No. 1681

ORDER

IN CRL OP(MD) No.1353 of 2020 Date :28/01/2020 IAS TE/JC/SAR-IV : 04/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2