Madras High CourtCRL OP(MD)/3317/2015disposed of

Karuppu @ Karuppaiah v. The Inspector Of Police

2015-02-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3317 of 2015 KARUPPU @ KARUPPAIAH ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

CR. NO.1318/2006.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.V.BASKARAN 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 :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 304, 307, 328 r/w 34 I.P.C., in S.T.C.No. 103 of 2013 on the file of the learned Chief Judicial Magistrate, Sivagangai, seeks anticipatory bail. 2.Heard Mr.V.Baskaran, learned counsel appearing for the petitioner and also Mr.A.P.Balasubramanian, learned Government Advocate (Criminal side) appearing for the State.

3.According to the submission made by the learned counsel appearing for the petitioner, the petitioner could not appear before the lower Court on 20.07.2011, since the petitioner went to Kerala in search of a job. Hence, non-bailable warrant was issued against him. He would further submit that case was split up and the case against the petitioner was numbered as S.C.No.103 of 2013 and therefore, he seeks anticipatory bail.

4.Non Bailable Warrant was issued against the petitioner on 20.07.2011 and since then, the respondent police was not able to arrest the petitioner and execute the warrant. Now the petitioner seeks anticipatory bail.

5. In view of the fact that Non Bailable Warrant was issued against the petitioner, it is not a fit case to grant anticipatory bail. Hence, the petitioner is directed to surrender before the trial court within a period of two weeks from the date of receipt of copy of this order. On such surrender, the learned Chief Judicial Magistrate, Sivagangai, is directed to consider his bail petition on merits and dispose of the same on the same day.

sd/- 25/02/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, SIVAGANGAI.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S.V.BASKARAN Advocate SR.No.8973 ORDER IN CRL OP(MD) No.3317 of 2015 Date :25/02/2015 PBK 26/02/2015 ::2P-6C:

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