A. Amjath Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.634 of 2019 A.AMJATH KUMAR ... PETITIONERS / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO. 566/2012 ... RESPONDENT / RESPONDENT For Petitioner : MR.R.ANAND 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(ii) and 302 IPC in connection with Non Bailable Warrant issued in S.C.No.393 of 2013, on the file of the learned IV Additional Sessions Judge, Tirunelveli seeks anticipatory bail. 2.The petitioner was absent during the trial in S.C.No.393 of 2013 before the IV Additional Sessions Judge, Tirunelveli. Therefore, Non-Bailable Warrant came to be issued on 02.08.2018. 3.

The learned counsel appearing for the petitioner would submit that the petitioner was already granted bail in this case and he is appearing regularly before the trial court. He also undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. He would also submit that when the petitioner was in jail , 317 Cr.P.C petition was filed before the lower court and the same was dismissed .

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4. Considering the undertaking given by the learned counsel appearing for the petitioner, the petitioner is directed to appear

before the trial Court on next hearing date and to file a recall warrant petition. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day. 5.Accordingly, the Criminal Original Petition is disposed of. sd/- 11/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE IV ADDITIONAL SESSIONS JUDGE, TIRUNELVELI.

2 THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.ANAND Advocate SR.No. 876

ORDER

IN CRL OP(MD) No.634 of 2019 Date :11/01/2019 JM/JC/SAR 3/22.01.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/