Madras High CourtCRL OP(MD)/1748/2022disposed of

Akbar v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1748 of 2022 Akbar ... Petitioner/Accused No.5 Vs State rep.by The Inspector of Police, Mathukkoor Police Station, Thanjavur District.

(Crime No.159/2006). ... Respondent/Complainant For Petitioner : M/s.C.Ezhilarasu, Advocate.

For Respondent : M/s.S.S,Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.159/2006 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police, in pursuant to NBW issued by the learned Judicial Magistrate, Pattukkottai in PRC No. 78 of 2007, for the offences punishable under Sections 147, 148, 341, 294(b), 324, 307 IPC, in Crime No.159 of 2006, seeks anticipatory bail. 2.It is submitted by the learned Government Advocate (Crl.Side) appearing for the respondent that the petitioner has filed this petition, only against the warrant issued by the learned Judicial Magistrate, Pattukkottai in PRC No.78 of 2007. The petitioner has been arrayed as fifth accused in this case and he was already https://hcservices.ecourts.gov.in/hcservices/

enlarged on bail and due to his absence, bail was cancelled by the concerned Court.

3.The learned counsel for the petitioner would submit that due to absence of the petitioner, bail was cancelled and warrant has been issued against this petitioner on 21.01.2022. Hence, this petition is filed seeking anticipatory bail.

4.Due to absence of the petitioner, warrant is issued against the petitioner and the bail already granted to the petitioner was cancelled. The only remedy available to the petitioner is seeking fresh bail before the concerned Court by surrendering. At this stage, the question of anticipatory bail does not arise, as he was already released on bail.

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

Sd/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE INSPECTOR OF POLICE, MATHUKKOOR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1748 of 2022 Date :31/01/2022 https://hcservices.ecourts.gov.in/hcservices/ SP/SBN/SAR IV/08/02/2022/2P/3C