Madras High CourtCRL OP(MD)/23552/2014ordered

M.Sundarasamy v. The Inspector Of Police

2015-01-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23552 of 2014 M.SUNDARASAMY ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE VATHIYIRUPPU POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO. 341/2008.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.G.SARAVANA KUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in C.C.No.5 of 2013, on the file of the respondent police for offences under Sections 323, 324 and 506(ii) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. According to the case of the prosecution, this petitioner was arrayed as A1 in C.C.No.88 of 2008 on the file of the Judicial Magistrate No.I, Srivilliputhur and that on 31.07.2012, he did not appear before the learned Judicial Magistrate and therefore, a non bailable warrant was issued against him. It is seen that in the same case, the third accused has been regularly appearing and the case against this petitioner was split up as he and his wife had absconded.

3. It is represented that the petitioner's wife has been arrested and she has been released on bail.

4. The fact remains that the police were not able to arrest this petitioner from 2012 upto today. In such circumstances, I am directing the petitioner to surrender before the Judicial Magistrate No.I, Srivilliputhur, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and the learned Judicial Magistrate shall consider the same on merits on het same day and pass orders in accordance with law.

The Criminal Original Petition is disposed of with the above direction.

sd/- 05/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR, VIRUDHUANGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, VATHIYIRUPPU POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.G.SARAVANA KUMAR Advocate SR.No.85 ORDER IN CRL OP(MD) No.23552 of 2014 Date :05/01/2015 PBK 06/01/2015 ::2P-6C:

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