Madras High CourtCRL OP(MD)/2393/2024disposed of

Muthubabu @ Babu v. Inspector Of Police

2024-02-15Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MUTHUBABU @ BABU ... PETITIONER / ACCUSED NO.12 Vs INSPECTOR OF POLICE MANUR POLICE STATION, (CRIME NO.86 OF 2021) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.C.VENKATESH, Advocate For Respondent : MR.B.NAMBISELVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.86 OF 2021 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner / Accused No.12, who apprehends arrest at the hands of the 1/4

respondent Police for the alleged offence punishable under Sections 34, 120(B), 147, 148 and 302 of I.P.C., in P.R.C.No.3 of 2022, on the file of the learned Judicial Magistrate No.V, Tirunelveli, seeks anticipatory bail.

2. The petitioner was absent during the trial in P.R.C.No.3 of 2022, on the file of the learned Judicial Magistrate No.V, Tirunelveli. Therefore, Non-Bailable Warrant came to be issued on 22.01.2024.

3. The learned counsel appearing for the petitioner would submit that since the petitioner suffered ill health, he could not appear before the lower Court and hence NBW was issued issued against him on 22.01.2024. However, his non appearance is neither wilful nor wanton.

4. The learned Additional Public Prosecutor would submit that since the petitioner did not appear before the trial Court, the absconding charge sheet has been filed. Thereafter, non bailable warrant was issued against him on 22.01.2024.

5. In view of the above position, this Court is of the opinion that the relief available to the petitioner is to surrender before the learned Magistrate concerned 2/4

and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant of arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6. Considering the fact that non bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the learned Judicial Magistrate No.V, Tirunelveli and file a petition under Section 70(2) of Cr.P.C. to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate No.V, Tirunelveli, is directed to consider the said petition on merits and pass orders on the same day.

7. Accordingly, this Criminal Original Petition is disposed of. sd/- 15/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE JUDICIAL MAGISTRATE NO.V 3/4

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THE INSPECTOR OF POLICE MANUR POLICE STATION, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :15/02/2024 PKP/GS/SAR /20.02.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4