Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20869 of 2015 RAMESH ... PETITIONER/ ACCUSED-1 Vs STATE OF TAMIL NADU THE INSPECTOR OF POLICE ATCHANPUTHUR POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.293/2002) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.SARAVANAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences under Sections 365, 342 and 387 of I.P.C., in Crime No.293 of 2002, in pursuance of the Non-Bailable Warrant issued in C.C.No.89 of 2004 on the file of the learned Judicial Magistrate, Shencottai, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner is not aware of the charge sheet laid against him and therefore, he could not appear before the concerned Court. Hence, NonBailable Warrant has been issued against him. The learned counsel for the petitioner further submitted that now the petitioner is ready to appear before the trial Court.

3. The learned Government Advocate (Crl.side) submitted that NonBailable Warrant is pending against the petitioner.

4. Considering the facts and circumstances of the case and also considering the fact that the petitioner was not able to appear before the trial Court on the date of hearing and as such, the trial Court has issued the Non Bailable Warrant against him, the petitioner is directed to file a petition under Section 70(2) of Cr.P.C. for recalling the NonBailable Warrant before the learned Magistrate and in the event of filing such an application, the learned Judicial Magistrate, Shencottai is directed to consider the same and pass orders on merits on the same day, in accordance with law.

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With the above direction, the Criminal Original Petition is disposed of.

sd/- 03/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE ATCHANPUTHUR POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.J.KARTHICK Advocate SR.No.64550

ORDER

IN CRL OP(MD) No.20869 of 2015 Date :03/11/2015 NS/AMF/SAR II/06.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/