Madras High CourtCRL OP(MD)/1440/2020disposed of

Stephen @ Ganesh Babu @Ganesababu v. The Inspector Of Police

2020-01-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1440 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1440 of 2020 Stephen @ Ganesh Babu @ Ganesababu ... Petitioner/Accused No.3 Vs State rep. by The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.16/2016).

... 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 C.C.No.264/2016 on the file of the Judicial Magistrate, Cheranmahadevi.

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 C.C.No.264 of 2016 on the file of the learned Judicial Magistrate, Cheranmahadevi for the offences under Sections 448, 294(b), 323 and 506(i) of IPC. Since he did not appear, Non Bailable Warrant came to be issued. Hence, he filed this petition for 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 petitioner's absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1440 of 2020 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 02.03.2020 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/- 29/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S. C.K.M. APPAJI Advocate SR.No.1727

ORDER

IN CRL OP(MD) No.1440 of 2020 Date :29/01/2020 rmi JMN/SKN/SAR-3 (03.02.2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2