Madras High CourtCRL OP(MD)/9584/2019dismissed

Munieswaran v. The Inspector Of Police

2019-07-05Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9584 of 2019 Munieswaran ... Petitioners/Accused No.3 Vs State rep.by, The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District, (Crime No. 16/ 2016). ... Respondent/Complainant For Petitioner : M/s.S.A.Palanisamy, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16/2016 on the file of the Respondent police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376 and 506(ii) of IPC in Crime No.16 of 2016, seeks anticipatory bail.

2. Hearth both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has have not committed any offence as alleged by the prosecution. He has further submitted that the petitioner is an innocent person. Hence, he prayed for grant of anticipatory bail to the petitioners.

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4. The learned Additional Public prosecutor has submitted that NBW was issued against the petitioner on 22.02.2018 and investigation is still pending and hence, vehemently opposed for grant of anticipatory bail to the petitioner. 5.Admittedly, the petitioner was granted bail for the alleged offences under Sections 376 and 506(ii) of IPC in Crime No.16 of 2016. When the case was posted for trial on 22.02.2018, the petitioner did not appear on that date, the petitioner under Section 317 Cr.P.C was filed but the trial Court has dismissed the said petition and issued NBW. The said NBW is pending for merely 11⁄2 years, the petitioner has not stated any reason for his non appearance before this Court on 22.02.2018 and also for the past 11⁄2 years. Hence, this court does not find any merit this petition. 6.Accordingly, this petition is dismissed.

sd/- 05/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.A.PALANISAMY Advocate SR.No.11260

ORDER

IN CRL OP(MD) No.9584 of 2019 Date :05/07/2019 vsg PK/JC/SAR-2/17.07.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/