Madras High CourtCRL OP(MD)/1781/2020disposed of

Mathi @ Mathivanan v. The Inspector Of Police

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

CRL OP(MD). No.1781 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.1781 of 2020 Mathi @ Mathivanan ... Petitioner/Sole Accused Vs State rep. By the Sellur Inspector of Police, Madurai District.

(Crime No.36/2008).

... Respondent/Complainant For Petitioner : M/s.R.Alagumani, 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 PRC.No. 24/2008 on the file of the learned Judicial Magistrate No.II, Madurai.

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 figuring as an accused in P.R.C.No.24 of 2008 on the file of the learned Judicial Magistrate No.II, Madurai for the offence punishable under section 397 of I.P.C., in Crime No.36 of 2008 on the file of the respondent police, seeks anticipatory bail.

3. A Non bailable warrant is pending against the petitioner since 01.08.2017.

3. The petitioner through his counsel gives an undertaking that he will appear in all the future hearings without any default. If he is unable to appear, his counsel will represent him 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1781 of 2020 is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

4. Recording the said undertaking given by the petitioner through his counsel, 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.

5. 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 Judicial Magistrate No.II, Madurai.

2 The Chief Judicial Magistrate, Madurai 3 Sellur Inspector of Police, Madurai District.

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

+1. CC to M/s.R.Alagumani, Advocate SR.No.2164

ORDER

IN CRL OP(MD) No.1781 of 2020 Date :03/02/2020 MK/SKN/SAR 3 (10.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2