Senthil @ Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Senthil @ Senthilkumar, ... Petitioner/Sole Accused Vs

1. The State rep.by The Inspector of Police, Aruppukottai Sub Division, Virudhunagar District. ... 1st Respondent/Investigatin Officer

2. The Inspector of Police, Aaviyoor Police Station, Kariyyappatti Taluk, Virudhunagar District, Crime No.53 of 2015. ... 2nd Respondent/Complainant

3. Samayan,, ...3rd Respondent/Defacto Complainant For Petitioner : M/s.R.Udhayakumar, 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.53 of 2015 on the file of the 1st Respondent.

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. 1/3

2. The petitioner is facing trial in Special S.C.No.24 of 2015 on the file of the Special Court for the exclusive trial of SC and ST Cases, Srivilliputtur, Virudhunagar District, for the offences under Sections 324, 427, 506(ii) of IPC r/w Section 3(1)(r)(s), 3 (ii)(va) of SC/ST (Prevention of Atrocities) Act, 2014. Non bailable warrant was issued against him on 18.12.2019.

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 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 28.02.2020 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/- 20/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, SPECIAL COURT FOR THE EXCLUSIVE TRIAL OF SC AND ST CASES, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2. THE INSPECTOR OF POLICE, ARUPPUKOTTAI SUB DIVISION, VIRUDHUNAGAR DISTRICT.

3. THE INSPECTOR OF POLICE, AAVIYOOR POLICE STATION, KARIYYAPPATTI TALUK, VIRUDHUNAGAR DISTRICT.

2/3

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

+1 CC to M/s.R.UTHAYA KUMAR, Advocate ( SR-3675[I] dated 21/02/2020 )

ORDER

IN CRL OP(MD) No.3041 of 2020 Date :20/02/2020 rmi AE/JC/SAR-IV (26.02.2020) 3P 6C 3/3