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Madras High CourtCRL MP(MD)/1900/2021modified

Alaudeen v. The Sub Inspector Of Police

2021-03-09Honourable Mr Justice M. Nirmal Kumar2 pages

CRL MP(MD) No.1900 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.1900 of 2021 IN CRL OP(MD) No.1745 of 2021 ALAUDEEN ... PETITIONER/ PETITIONER/ ACCUSED A4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, THIRUPULLANI POLICE STATION, THRIUPULLANI.

CRIME NO.195/2015.

... RESPONDENT/ RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the order of this Honourable Court in Crl.O.P.(MD)No.1745 of 2021 dated 05.02.2021 and to enlarge the Petitioner on bail in the event of arrest in P.R.C.No.84 of 2019 on the file of the Learned Judicial Magistrate No.1, Ramanathapuram in Crime N0.195 of 2015 on the file of the respondent police.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.A.S.ALAUDEEN, Advocate for the petitioner and of Mr.M.V.CHANDRASEKARAN, Government Advocate(Criminal Side) on behalf of the Respondent, the court made the following order:- This petition is filed to modify the order passed by this Court in Crl.O.P(MD) No.1745 of 2021.

2. The petitioner apprehends arrest on the strength of Non Bailable Warrant issued in PRC No.84 of 2019, had filed anticipatory bail in Crl.O.P(MD) No. 1745 of 2021 and this Court had directed the lower court to recall the Non Bailable Warrant by an order dated 05.02.2021. The petitioner has filed this modification petition on apprehension that the petitioner was neither arrested nor obtained anticipatory bail. In view of the same at the time of recalling on Non Bailable Warrant he might be arrested, hence he sought for modification of the said order.

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CRL MP(MD) No.1900 of 2021

3. It is seen that the petitioner was not arrested and on the other hand Non Bailable Warrant was pending against him. In view of the petitioner's apprehension the lower Court is directed to accept the petition filed by the petitioner to recall the Non Bailable Warrant issued against him and also obtain necessary bond as per Section 88 of Cr.P.C.

4. With the above modification this petition is ordered accordingly.

sd/- 15/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.IV, RAMANATHAPURAM.

2. THE JUDICIAL MAGISTRATE NO.1, RAMANATHAPURAM

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

4. THE SUB INSPECTOR OF POLICE, THIRUPULLANI POLICE STATION, THIRUPULLANI.

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

ORDER

IN CRL MP(MD) No.1900 of 2021 IN CRL OP(MD) No.1745 of 2021 Date :15/03/2021 aav MS/VR/SAR-3/18.03.2021/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2