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Madras High CourtCRL OP(MD)/1808/2020granted

Subbulakshmi v. The Inspector Of Police

2020-02-04Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1808 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1808 of 2020 Subbulakshmi ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Dindigul.

Crime No.33 of 2016.

... Respondent/Complainant For Petitioner : M/s.K.Manikandan, 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 Crime No.33 of 2016 on the file of the Respondent Police.

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 apprehending arrest at the hands of the respondent police for the offences under section 498(A) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.33 of 2016 on the file of the respondent police, seeks anticipatory bail.

3. The learned Government Advocate (Crl. Side) pointed out that absconding charge sheet has filed against the petitioner and the same is taken on file in C.C.No.226 of 2019 on the file Additional Mahila Court (Magistrate Level), Dindigal.

4. The petitioner through her counsel gives an undertaking that she will appear in all the future hearings without any default. If https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1808 of 2020 she is unable to appear, her counsel will represent her 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 and the petitioner will be remanded to custody.

5. Recording the said undertaking given by the petitioner through her counsel, the petitioner is directed to appear before the Court below on 30.03.2020 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. Of course, the petitioner must furnish the sureties, if not already furnished.

6. The Criminal Original petition stands disposed of, on these terms.

sd/- 04/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, ADDITIONAL MAHILA COURT(MAGISTRATE LEVEL), DINDIGUL.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.MANIKANDAN, Advocate ( SR-2348[I] dated 05/02/2020 )

ORDER

IN CRL OP(MD) No.1808 of 2020 Date :04/02/2020 MS/PN/SAR-3/10.02.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2