Palraj v. The Inspector Of Police

CRL OP(MD). No.1533 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.1533 of 2023 1.Palraj 2.Panchu @ Panchavarnam 3.Vasuki @ Vasiyammal ... Petitioners/Accused Nos.2 to 4 Vs State Rep.by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

Crime No.76 of 2016.

... Respondent/Complainant For Petitioners : Mr.S.Prabhu, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor For Intervenor : Ms.M.Authilaxmi, Advocate PETITION FOR Anticipatory BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.76 of 2016 on the file of the respondent police ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondent police in C.C.No.895 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam, for the offences punishable under Sections 294(b), 498(A) and 506(i) of IPC in Crime No.76 of 2016, seek anticipatory bail.

2.The petitioners were absent during the trial in C.C.No.895 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam. Therefore, Non-Bailable Warrant came to be issued. 3.The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

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CRL OP(MD). No.1533 of 2023 4.Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned Judicial Magistrate, Thirumangalam, on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against them. On the filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day.

5.With the above direction, this Criminal Original Petition is disposed of.

6.It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 21/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmk To 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1533 of 2023 Date :21/04/2023 RS/BUC/SAR-1(03.05.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2