Sugamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21618 of 2015 SUGAMANI ... PETITIONER/ ACCUSED-5 Vs 1 STATE REP. BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI.

(CR.NO. 1 OF 2010) ... RESPONDENT/COMPLAINANT 2 MR. SRIRAM ... RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S S.RAVI 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 is facing charges under Sections 409,418,420,120(b) of IPC @ 409, 418,420,120(b),411 and 414 of IPC in C.C.No.137 of 2012 on the file of the learned Judicial Magistrate-I, Thirunelveli in connection with the case in Crime No.1 of 2010 was registered by the respondent police. Investigation was completed and charge sheet was also filed and taken on file.

2. Now, the case is pending trial in C.C.No.137 of 2012 on the file of the learned Judicial Magistrate-I, Thirunelveli. Since, the petitioner had not chosen to appear before the trial Court, the learned Judicial Magistrate-I, Thirunelveli has issued a Non-Bailable Warrant and the same is pending. Hence, apprehending arrest at the hands of the respondent police, on account of execution of Non-Bailable Warrant, the petitioner has approached this Court seeking anticipatory bail.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. Side)

4. Taking into consideration the related facts and circumstances, this Court thinks it fit that let there be a direction to the petitioner to surrender before the trial Court along with the surrender and warrant recall petition. Accordingly, the petitioner is directed to surrender before the trial Court along with the surrender and warrant recall petition.

https://hcservices.ecourts.gov.in/hcservices/

5. On his surrender, the learned Judicial Magistrate-I, Thirunelveli is directed to consider his surrender and warrant recall petition on merit on the same day itself, as per the procedure known to law.

6. However, the petitioner is directed to appear before the trial Court regularly and he shall be represented by his counsel in his absence in the course of the trial of the case in C.C.No.137 of 2012.

7. With the above directions, the Criminal Original Petition is disposed of.

sd/- 17/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI.

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

+1. CC to M/S S.RAVI Advocate SR.No.65880

ORDER

IN CRL OP(MD) No.21618 of 2015 Date :17/11/2015 NS/SKS-RR/SAR I/20.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/