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Madras High CourtCRL OP(MD)/4054/2019disposed of

Jeya At Jeyaraj v. The Inspector Of Police

2019-03-18Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4054 of 2019 JEYA @ JEYARAJ ... PETITIONER /3rd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.DINESH, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 147,148,120(b) and 397 of IPC in connection with Non-Bailable Warrant issued on 09.07.2013 in PRC No. 9 of 2013, on the file of the learned Judicial Magistrate No.II, Viruthunagar, seeks anticipatory bail.

2.The petitioner was absent during the trial in PRC No. 9 of 2013 before the learned Judicial Magistrate No.II, Viruthunagar Therefore, Non-Bailable Warrant came to be issued on 09.07.2013. 3.The learned counsel for the appearing for the petitioner submitted that due to illness, the petitioner could not appear before the learned Judicial Magistrate No.II, Viruthunagar and therefore, Non-Bailable Warrant was issued against him on 09.07.2013. He further submitted that the act of the petitioner is neither wilful nor wanton and prays for anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) appearing for the State would submit that the petition before this Court is not maintainable, unless he exhaust the remedy available under the Criminal Procedure Code.

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5. In view of the above position, the relief available to the petitioner is to surrender before the learned learned Judicial Magistrate No.II, Viruthunagar and file a petition under Section 70

(2) of Cr.P.C., to recall the Non-Bailable Warrant of Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6.Considering the fact that the non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Judicial Magistrate No.II, Viruthunagar, and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate No.II, Viruthunagar, is directed to consider the said petition on merits and pass orders on the same day.

7.Accordingly, this Criminal Original Petition is disposed of. sd/- 18/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.M.DINESH Advocate SR.No.5128

ORDER

IN CRL OP(MD) No.4054 of 2019 Date :18/03/2019 MS/PN/SAR-4/21.03.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/