Madras High CourtCRL OP(MD)/5125/2019disposed of

Mathibala v. The Sub Inspector Of Police

2019-04-04Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5125 of 2019 MATHIBALA ... PETITIONER / ACCUSED No.1 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, CHETTINADU POLICE STATION SIVAGANGAI DISTRICT.

(CRIME NO.48 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KRISHNAVENI 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 for the alleged offences under Section 379 of IPC in connection with Non-Bailable Warrant issued in C.C No. 244 of 2017 on the file of the learned Judicial Magistrate, Karaikudi, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C No. 244 of 2017 on the file of the learned Judicial Magistrate, Karaikudi, Therefore, Non-Bailable Warrant came to be issued on 12.06.2018. 3.

The learned counsel appearing for the petitioner submitted that due to small pox, the petitioner could not appear before the learned Judicial Magistrate, Karaikudi and therefore, Non-Bailable Warrant was issued against him on 12.06.2018. 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, Karaikudi 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, Karaikudi, 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, Karaikudi, 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/- 04/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KARAIKUDI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, CHETTINADU POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.P.KRISHNAVENI Advocate SR.No.6154

ORDER

IN CRL OP(MD) No.5125 of 2019 Date :04/04/2019 AE/VR/SAR-I/12.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/