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Madras High CourtCRL OP(MD)/12685/2017granted

Muthuramalingam, v. The Inspector Of Police,

2017-09-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.12685 of 2017 1 MUTHURAMALINGAM 2 SAPPANI ... PETITIONER / ACCUSED Nos.1 & 6 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPRUAM DISTRICT.

IN CR.NO.03 OF 2009. RESPONDENT / COMPLAINANT For Petitioner : Mr.G.V.VAIRAM SANTHOSH Advocate For Respondent : Mr.K.S.DURAIPANDAIN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 147, 294 (b), 353, 307 of I.P.C., in Crime No.03 of 2009, which is now pending in S.C.No.49 of 2010 on the file of the Sub-Court, Paramakudi, Ramanathapuram, seeks anticipatory bail. 2.The case of the petitioner is that the above said case is pending before the said Court and due to non appearance of the petitioner, non bailable warrant was issued against him. 3.

The learned counsel for the petitioner submitted that the absence of the petitioner is neither willful nor wanton and due to his livelihood, the petitioner went to his native place along with his family members. He further submitted that the petitioner is ready to cooperate with the trial without absence in future. 4.The learned Additional Public Prosecutor submitted that due to the non appearance of the petitioner, the case is pending before the court concerned without any progress and non bailable warrant is pending against the petitioner.

5.Considering the facts and circumstances of the case, there shall be a direction, directing the petitioner to surrender before the court concerned and to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the concerned https://hcservices.ecourts.gov.in/hcservices/

Magistrate within a period of one week from the date on which the order copy is made ready and in the event of filing such an application, the Court concerned is directed to consider the same, and pass orders in accordance with law on the same day. 6.Accordingly, this Criminal Original Petition is disposed of. sd/- 22/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPRUAM DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.G.V.VAIRAM SANTHOSH Advocate SR.No.31316 JAM/26.09.17/RR-BS/SAR 2/ 2P-4C

ORDER

IN CRL OP(MD) No.12685 of 2017 Date :22/09/2017 https://hcservices.ecourts.gov.in/hcservices/