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Madras High CourtCRL OP(MD)/2928/2020granted

Radhakrishnan v. The Inspector Of Police

2020-02-19Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.2928 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2928 of 2020 Radhakrishnan ... Petitioner/Accused No.1 Vs State rep. By The Inspector of Police, All Women Police Station, Theni Cr.No.2/2017.

... Respondent/Complainant For Petitioner : M/s.K.Gokul, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.2 of 2017 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is facing trial in C.C.No.248 of 2017 on the file of the learned Judicial Magistrate Court, Theni, for the offences under Sections 498(A), 294(b), 506(i) and 406 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of Dowry Prohibition Act, 1961. Non bailable warrant has been pending against him for quite some time.

3. The petitioner through his counsel gives an undertaking that he will appear in all the future hearings without any default. If he is unable to appear, his counsel will represent him and file an application under Section 317 of Cr.P.C. On account of the petitioner's absence, trial will not be stalled. If this undertaking https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2928 of 2020 is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

4. Recording the said undertaking given by the petitioner through his counsel, the petitioner is directed to appear before the Court below on 29.04.2020 and apply for recall of warrant. On such application being filed, the Court below shall recall the warrant at the end of the day. Non Bailable Warrant shall be kept in abeyance till then.

5. The Criminal Original petition stands disposed of, on these terms.

sd/- 19/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THENI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.GOKUL Advocate SR.No.3706

ORDER

IN CRL OP(MD) No.2928 of 2020 Date :19/02/2020 JMN/SKN/SAR-I (24.02.2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2