Marimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4577 of 2018 1 MARIMUTHU 2 NATARAJ 3 ILAYARAJA 4 KANNAN ... PETITIONERS / ACCUSED Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE VADIPATTI POLICE STATION, IN CRIME NO.183 OF 2006, MADURAI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : M/S.C.PRABHAKARAN Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 392 r/w. 397 IPC in Crime No.183 of 2006, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are said to have demanded money from the defacto complainant with knife and also threatened him with dire consequences. Thus, on complaint, a case has been registered against the petitioners. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that non-bailable warrant issued against the petitioner on 05.10.2017 and the same is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. The petition mentioned Crime Number has been registered in the year 2016. Subsequently, after filing the https://hcservices.ecourts.gov.in/hcservices/

First Information Report, during the course of trial proceedings, Non-Bailable Warrant was issued against A1 to A3 on 16.03.2009 and the same has been recalled on 21.07.2009 and thereafter, on the same way, the Non Bailable Warrant was issued against the petitioner on 05.10.2017 and the same has not been recalled.

6. In such circumstances, if the petitioners are granted with anticipatory bail, the proceedings of trial will be prejudiced . Hence, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4577 of 2018 Date :26/03/2018 MKV-CM-VR-SAR 1/4.4.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/