Mahendrakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5292 of 2018 MAHENDRAKUMAR ... PETITIONER / ACCUSED(A1) Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH MADURAI CITY, IN CR.NO. 24/2006.

SEC 406, 420 OF IPC ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.MAHENDRAN Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/ accused No.1, who apprehends arrest at the hands of the Inspector of Police, Central Crime Branch Madurai City for the offences punishable under Sections 406 and 420 of IPC in Crime No.24 of 2006, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl Side) appearing for the respondent.

3.The petitioner is figuring as accused in C.C.No.121 of 2009, on the file of the learned Judicial Magistrate No.1, Madurai. The case pertains to the year 2006. The petitioner was arrested and remanded to judicial custody and thereafter, came out of bail in the year 2009. Absconding charge sheet was filed against A2. However, Non bailable warrant was issued against him after filing of charge sheet. There is nothing on record to show that the petitioner herein was served with the summons in the case. The petitioner has now shifted his residence to Chennai. The petitioner cannot be said to be an absconding accused. Taking note of these circumstances, the petitioner is directed to surrender before the learned Judicial Magistrate No.1, Madurai, within a period of two weeks from the date of receipt of a copy of this order and apply for recall of Non bailable warrant. The learned Judicial Magistrate shall recall the https://hcservices.ecourts.gov.in/hcservices/

warrant issued against the petitioner on the same day. The petitioner shall appear on all hearings in this case. This Criminal Original Petition is disposed of accordingly. sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH MADURAI CITY, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.MAHENDRAN Advocate SR.No.5538 TSG JAM/13/04/2018/ PN-KAK /RNB/2P-6C

ORDER

IN CRL OP(MD) No.5292 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/