Madras High CourtCRL OP(MD)/2958/2021disposed of

Alaudeen v. The Sub Inspector Of Police

2021-02-24Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.2958 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.2958 of 2021 Alaudeen ... Petitioner/Accused A1 Vs The State rep.by The Sub Inspector of Police, Thirupullani police Station, Thirupullani.

Crime No.153 of 2014 ... Respondent/Complainant For Petitioner : Mr.S.A.S.Alaudeen, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in crime No.153 of 2014 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest for the alleged offences under Sections 147, 341, 324 and 506(ii) of IPC in connection with Non-Bailable Warrant issued in C.C.No.124 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No.124 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram. Therefore, Non-Bailable Warrant came to be issued on 11.03.2020.

3.The learned counsel appearing for the petitioner would submit that the petitioner was not arrested and was not called for enquiry and he was not aware of the case against him. He would further submit that on 11.03.2020 summon was issued against the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2958 of 2021 to appear on 19.03.2020, the said summon was not served to the petitioner. After issuance of Non-bailable Warrant, the petitioner came to know about this case. Thereafter, due to the present Covid19 situation, the petitioner was not unable to appear before the respondent police. Now the learned counsel for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. 4.Considering the undertaking given by the petitioner, the petitioner is directed to appear in C.C.No.124 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram, within a period of two weeks from the date of receipt of copy of this order and to file a petition to recall the NBW issued against them. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

5.Accordingly, the Criminal Original Petition is disposed of. sd/- 24/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

TO 1.THE JUDICIAL MAGISTRATE No.I, RAMANATHAPURAM. 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE SUB INSPECTOR OF POLICE, THIRUPULLANI POLICE STATION, THIRUPULLANI.

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

ORDER

IN CRL OP(MD) No.2958 of 2021 SJI Date :24/02/2021 TK/VR/SAR.1/26.02.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2