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Madras High CourtCRL OP(MD)/1739/2020disposed of

Regi Lal v. The Inspector Of Police

2020-02-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1739 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1739 of 2020 Regi Lal, ... Petitioner/Accused No.4 Vs The State of Tamil Nadu Rep.by The Inspector of Police, Kollemcode Police Station, Kanyakumari District (Crime No.163 of 2009).

... 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 :- to pass an appropriate order directing the release of the petitioner on bail in the event of his arrest pending trial in S.C.No.188 of 2009 on the file of the Sub Court, Kuzhithurai. 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 S.C.No.188 2009 on the file of the Sub Court, Kuzhithurai for the offences under Sections 147, 148, 307 of IPC. Non bailable warrant is pending against him since 17.12.2018.

3.The petitioner gives an undertaking that he will appear before the Court below on the next hearing date and apply for recall of warrant. The petitioner gives further undertaking that he will appear on all the future hearing dates without any default. The petitioner comes forward to remit a sum of Rs.5,000/- as cost to the District Legal Service Authority, Kanyakumari. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1739 of 2020

4. Recording the said undertaking, the petitioner is directed to appear before the Court below on the next hearing date 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. The petitioner will not be remanded to custody. This indulgence is shown to the petitioner subject to the following conditions:- (I) the petitioner shall surrender his original passport before the Court below.

(II) the petitioner shall appear regularly before the Court below on all the hearing dates.

(III) till the trial is over, the petitioner will appear before the respondent every Saturday on 10.30. a.m., 5.The petitioner's counsel sates that he will not apply for modification or relaxation of this condition. 6.Subject to this condition, the Criminal Original petition stands disposed of, on these terms.

sd/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUBORDINATE JUDGE, KUZHITHURAI.

2. THE INSPECTOR OF POLICE, KOLLEMCODE POLICE STATION, KANYAKUMARI DISTRICT.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE OFFICER INCHARGE DISTRICT LEGAL SERVICE AUTHORITY, KANYAKUMARI +1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-2085[I] dated 03/02/2020 )

ORDER

IN CRL OP(MD) No.1739 of 2020 Date :03/02/2020 rmi AE/MMS/SAR-IV (07.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2