Madras High CourtCRL OP(MD)/3179/2021disposed of

Nallusamy v. The Inspector Of Police

2021-03-01Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Nallusamy ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Abiramam Police Station, Abiramam, Ramanathapuram District.

(In Crime No.98/2014).

... Respondent/Complainant For Petitioner : Mr.G.Kasinathadurai, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in C.C.No.33/2016 on the file of the Learned Judicial Magistrate, Kamudhi, Ramanathapuram District. ORDER : The Court made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 323 and 506(i) of IPC, in connection with Non-Bailable Warrant issued in C.C.No.33 of 2016, on the file of the learned Judicial Magistrate, Kamudhi, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.No.33 of 2016, before the trial Court. Therefore, Non-Bailable Warrant came to be issued on 23.01.2021.

3.The learned counsel for the appearing for the petitioner submitted that due to Court boycott, the petitioner could not appear before the learned Judicial Magistrate, Kamudhi, and therefore, NonBailable Warrant was issued against the petitioner on 23.01.2021. 1/3

He further submitted that the act of the petitioner is neither wilful nor wanton and prays for anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.side) appearing for the State would submit that the petition before this Court is not maintainable, unless the petitioner exhaust the remedy available under the Criminal Procedure Code.

5.In view of the above position, the relief available to the petitioner is to surrender before the trial Court and 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 arise.

6.Considering the fact that the non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court 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, Kamudi, 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/- 01/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, ABIRAMAM, RAMANATHAPURAM DISTRICT.

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

+1 CC to Mr.G.KASINATHADURAI, Advocate (SR-1619[I] dated 02/03/2021)

ORDER

IN CRL OP(MD) No.3179 of 2021 Date :01/03/2021 MPK AE/JC/SAR-II (08/03/2021) 3P / 6C 3/3