Boopathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5892 of 2018 1 BOOPATHI 2 S.VENKATESAN ... PETITIONERS/ACCUSED No.3 AND 5 Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT, (CRIME NO. 15 OF 2012) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VENKATESH for RIGHT LAW ASSOCIATES, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 406 of I.P.C., in Crime No.15 of 2012, on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioners are facing trial in C.C.No.42 of 2013 on the file of the learned Judicial Magistrate, Ilayankudi. On account of their absence Non-bailable warrant came to be issued against the petitioners on 26.03.2018.

4. The learned counsel for the petitioners undertakes that the petitioners would be present on all the future hearing dates and if not in a position to appear, proper application under Section 317 Cr.P.C., would be filed for condoning their absence and further submitted that if this is breached, this Order would stand cancelled automatically.

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5. Recording the undertaking given by the learned counsel for the petitioners, the petitioners are permitted to appear before the learned Judicial Magistrate, Ilayankudi on the next hearing date and apply for recall of Non-bailable warrant. The learned Judicial Magistrate, Ilayankudi shall recall the warrant issued against the petitioners on the same day. The petitioner shall appear on all future hearings in this case. This Criminal Original Petition is allowed accordingly.

sd/- 12/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILAYANKUDI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No.6002

ORDER

IN CRL OP(MD) No.5892 of 2018 Date :12/04/2018 PK/RR/VK/23.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/