Madras High CourtCRL OP(MD)/2428/2024disposed of

Sham Prabhu v. The Inspector Of Police

2024-02-16Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SHAM PRABHU ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.81 OF 2021.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.VIDHYA SAGAR, Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.81 OF 2021 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner / Accused No.2, who apprehends arrest at the hands of the respondent Police for the alleged ofence punishable under Sections 341, 224(b), 323, 324 and 506(ii) of I.P.C. in C.C.No.250 of 2022, on the fle of (*)the District Munsif cum Judicial Magistrate, Otaaidaram seeks anticipatory bail.

2. The petitioner was absent during the trial in C.C.No.250 of 2022, on the fle of (*)the District Munsif cum Judicial Magistrate, Otaaidaram Therefore, Non-Bailable Warrant came to be issued on 22.02.2023.

3. The learned counsel appearing for the petitioner would submit that since the petitioner sufered ill health, he could not appear before the lower Court and hence NBW was issued issued against him on 22.02.2023. However, his non appearance is neither wilful nor wanton.

4. The learned Government Advocate (Crl.Side) would submit that since 2/5

the petitioner did not appear before the trial Court, the absconding charge sheet has been fled. Thereafter, non bailable warrant was issued against him on 22.02.2023.

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 and to fle a petition under Section 0(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 District Munsif cum Judicial Magistrate, Otaaidaram and fle a petition under Section 0(2) of Cr.P.C. to recall the non bailable warrant. On fling of such petition, the learned (*)the District Munsif cum Judicial Magistrate, Otaaidaram. is directed to consider the said petition on merits and pass orders on the same day. 3/5

. Accordingly, this Criminal Original Petition is disposed of. sd/- 16/02/2024 (*)CORRECTED AS PER ORDER OF THIS COURT DATED 26.02.2024 IN CRL OP (MD)NO.2428 OF 2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS-I / II/ III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO TO BE SUBSTITUTED WITH THE ORDER DATED 16/02/2024 ALREADY DESPATCHED

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, OTTAPIDARAM 2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

4 THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-1282[I] dated 16/02/2024 )

ORDER

IN Date :16/02/2024 SS/GS/SAR- /21/02/2024/4P/ C RK/VR (06.03.2024) 4P/ C Madurai Bench of Madras High Court is issuing certifed copies in this format from 1 /0 /2023 5/5