Madras High CourtCRL OP(MD)/6129/2019disposed of

Mohamed Faizal, v. The Inspector Of Police

2019-04-26Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6129 of 2019 MOHAMED FAIZAL ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.348/2010) ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.JEGAN 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 304(A) of IPC in connection with Non-Bailable Warrant issued in C.C.No.28 of 2011, on the file of the learned Judicial Magistrate No.III, Thanjavur, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.No.28 of 2011 before the learned Judicial Magistrate No.III, Thanjavur Therefore, Non-Bailable Warrant came to be issued on 08.10.2018. 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.III, Thanjavur and therefore, Non-Bailable Warrant was issued against him on 08.10.2018. 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 Judicial Magistrate No.III, Thanjavur 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.III, Thanjavur, 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.III, Thanjavur, 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/- 26/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR.

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

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

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

+1 CC to M/s.K.JEGAN, Advocate ( SR-7556[I] dated 27/04/2019 )

ORDER

IN CRL OP(MD) No.6129 of 2019 Date :26/04/2019 JM/JC/SAR 3/29.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/