Mohammed Abdul Uadar Jailani v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.443 of 2019 MOHAMMED ABDUL UADAR JAILANI @ JAILANI, ... PETITIONER / ACCUSED - 1 Vs THE STATE REP. BY, INSPECTOR OF POLICE, MEDICAL COLLEGE -POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.135 of 2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.NAMBU MARIMUTHU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. 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 at the hands of the respondent police for the offence punishable under Section 379 IPC, in Crime No.135 of 2017, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that after investigation, the respondent has filed a final report before the learned Judicial Magistrate No.II, Thanjavur, and the same was taken on file in C.C.No.59 of 2017. Thereafter, the petitioner was regularly appearing before the Court. Since the petitioner met with an accident on 15.11.2017, he was unable to appear before the Court. He was continuously taking treatment. Therefore, he was unable to appear before the lower Court. Hence, lower court had issued Non Bailable Warrant against the petitioner.

3. The learned counsel appearing 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 before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate No.II, Thanjavur, within a period of two weeks from the date of receipt of a copy of this order and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

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

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO II THANJAVUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THANJAVUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.NAMBU MARIMUTHU Advocate SR.No.763

ORDER

IN CRL OP(MD) No.443 of 2019 Date :10/01/2019 MSI/PN/SAR-II/22.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/