K.S.Senthilkumar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1848 of 2019 K.S.SENTHILKUMAR ... PETITIONER / ACCUSED No. 1 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI, THENI DISTRICT.

(CRIME NO.12/2012) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.VELMURUGAN Advocate For Respondent : MR.S.CHANDRASEKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 406, 468, 471 and 420 IPC in connection with NonBailable Warrant issued in C.C.No.460 of 2012, on the file of the learned Judicial Magistrate, Theni, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.No.460 of 2012 before the learned Judicial Magistrate, Theni. Therefore, NonBailable Warrant came to be issued on 24.10.2017. 3.

The learned counsel for the appearing for the petitioner submitted that due to illness, the petitioner could not appear before the learned Judicial Magistrate, Theni and therefore, NonBailable Warrant was issued against him on 24.10.2017. He further submitted that the act of the petitioner is neither wilful nor wanton and prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the State would submit that the petition before this Court is not maintainable, unless he exhaust the remedy available under the Criminal Procedure Code.

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5. In view of the above position, the relief available to the petitioner is to surrender before the learned Magistrate concerned

and file a petition under Section 70(2) of Cr.P.C. to recall the Non-Bailable Warrant of Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise. 6.Considering the fact that the non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Judicial Magistrate, Theni, and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate, Theni, is directed to consider the said petition on merits and pass orders on the same day.

7.Accordingly, this Criminal Original Petition is disposed of. sd/- 05/02/2019 / TRUE COPY / 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 DISTRICT CRIME BRANCH, THENI, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.R.VELMURUGAN Advocate SR.No.2440

ORDER

IN CRL OP(MD) No.1848 of 2019 Date :05/02/2019 MSI/PN/SAR-III/08.02.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/