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Madras High CourtCRL OP(MD)/5252/2019disposed of

Mathavan @ Maruthamalai v. The Inspector Of Police,

2019-04-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5252 of 2019 MATHAVAN @ MARUTHAMALAI MURUGAN ... PETITIONER /1st ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.153 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.RAMU, 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 Section 379 of IPC, in connection with Non-Bailable Warrant issued in C.C.No. 167 of 2015, on the file of the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No. 167 of 2015 before the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District. Therefore, Non-Bailable Warrant came to be issued on 08.05.2015.

3.The learned counsel for the appearing for the petitioner submitted that due to unaware of pending case against the petitioner, he could not appear before the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District and therefore, NonBailable Warrant was issued against him on 08.05.2015. 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, Thiruvaiyaru, Thanjavur District. 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, Thiruvaiyaru, Thanjavur. District, 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, Thiruvaiyaru, Thanjavur District, 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/- 08/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.M.RAMU Advocate SR.No.6352

ORDER

IN CRL OP(MD) No.5252 of 2019 Date :08/04/2019 MS/MMS/SAR-4/15.04.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/