Charles v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10642 of 2016 CHARLES ... PETITIONER/ACCUSED No.5 Vs THE INSPECTOR OF POLICE, NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CR.NO.155 OF 2003 ... 1st RESPONDENT/COMPLAINANT FOR PETITIONER : M/S S.C.HEROLD SINGH, 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 147,148,326,307 of IPC r/w. 149 of IPC, in S.C.No.44 of 2005 in Crime No.155 of 2003, on the file of the respondent Police, seeks anticipatory bail.

2. It is submitted by the learned counsel for the petitioner the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner.

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 on 21.06.2016, and hence, 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 Assistant https://hcservices.ecourts.gov.in/hcservices/

Sessions Judge, Kuzhithurai, and to file a petition for recalling the warrant and the learned Assistant Sessions Judge, Kuzhithurai, 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/- 06/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ASSISTANT SESSIONS JUDGE, KUZHITHURAI.

2. THE INSPECTOR OF POLICE, NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT

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

+1. CC to M/S S.C.HEROLD SINGH Advocate SR.No. 35141

ORDER

IN CRL OP(MD) No.10642 of 2016 Date :06/07/2016 TRP TE/SKS-RR/SAR-II : 12/07/2016 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/