Vivin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10142 of 2016 VIVIN ... PETITIONER/ACCUSED 3 Vs THE INSPECTOR OF POLICE, VADASERY POLICE STATION, VADASERY, KANYAKUMARI DISTRICT.

... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S N.S.RAMAKRISHNA DASS, ADVOCATE FOR RESPONDENT : MR.P.KANNITHEVAN, GOVERNMENT ADVOCATE ( CRL. SIDE) 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 alleged offence under Sections 147,148,294 (b),326, 307 of IPC and 3(1) of TNPPDL Act r/w. Section 149 of IPC, in Crime No.380 of 2009 in PRC.No.26 of 2012, on the file of the learned Judicial Magistrate No.II, Nagercoil, seeks anticipatory bail.

2. It is submitted by the learned counsel for the petitioner that due to the absence of the petitioner, non bailable warrant was issued against the petitioner on 30.03.2016 by the learned Judicial Magistrate No.II, Nagercoil,

3. The learned Government Advocate (Crl. Side) submitted that due to absence of the petitioner for one hearing, non bailable warrant was issued against the petitioner and the petitioner may be directed to approach the Court for recalling the warrant.

4. Considering the fact that non bailable warrant was issued against the petitioner for his absence, there shall be a direction, directing the petitioner to surrender before the learned learned Judicial Magistrate No.II, Nagercoil, and to file a petition for https://hcservices.ecourts.gov.in/hcservices/

recalling the warrant and the learned Judicial Magistrate No.II, Nagercoil, is directed to consider the same on the same day and pass orders on merits in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 24/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, VADASERY POLICE STATION, VADASERY, KANYAKUMARI DISTRICT.

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

+ 1 CC TO MR.N.S.RAMAKRISHNA DASS, ADVOCATE IN SR No. 32847

ORDER

IN CRL OP(MD) No.10142 of 2016 Date :24/06/2016 TRP TE/SKS-RR/SAR-III : 29/06/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/