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Madras High CourtCRL OP(MD)/4075/2020dismissed

Regu v. The Inspector Of Police

2020-03-04Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.4075 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4075 of 2020 Regu ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

(Crime No.304 of 2013). ... Respondent/Complainant For Petitioner : M/s.B.Brijesh Kishore, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner/sole accused on bail in the event of his arrest by the respondent police on execution of Non Bailable Warrant issued by the Honble Additional District Judge, Padmanabhapuram in S.C.No.10 of 2017 dated 11.01.2017 ORDER : The Court made the following order :- The petitioner is facing trial for offences under Sections 341,294(b), 307 of IPC in SC No.10 of 2017.

2.The petitioner failed to appear before the Court on 11.01.2017 which has prompted the Court to issue Non Bailable Warrant. After waiting for three years the present application is filed to enlarge the petitioner on bail in the event of his arrest.

3. The reading of the petition exposes the in efficiency of the respondent police for not executing the Non Bailable Warrant for the past three years. This inefficiency has prompt that petitioner as a absconder to file this anticipatory bail application https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4075 of 2020 in a cavalier manner even without assigning any reason for his non appearance before the trial Court for the past three years.

4. The learned Government Advocate(Crl.Side) would submit that due to the abscondance of the petitioner the trial Court is not able to frame charge and case is pending for the past several years without any progress.

5. This Court find no merit in the petition. Hence, this petition is dismissed. The respondent police is directed to secure the petitioner herein and confine him to prison by executing Non Bailable Warrant.

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4075 of 2020 Date :04/03/2020 AAV TE/PN/SAR-II : 09/03/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2