Madras High CourtCRL OP(MD)/11617/2016disposed of

P.Arumugam, v. The Inspector Of Police,

2016-07-14Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11617 of 2016 P.ARUMUGAM, ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, MANDAICADU POLICE STATION, KANYAKUMARI DISTRICT. (CRIME NO.21 OF 1999) ... RESPONDENT/COMPLAINANT For Petitioner : M/S C.T.PERUMAL Advocate For Respondent : M/S.P.KANNITHEVAN Govt. 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 457 and 380 of IPC in Crime No.21 of 1999 in C.C.No.393 of 2003 on the file of the respondent Police, seeks anticipatory bail.

2. It is submitted by the learned counsel for the petitioner that 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 on 28.06.2016, non bailable warrant was issued against the petitioner, 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 Judicial Magistrate, Eraniel, Kanyakumari District, and to file a petition for recalling the warrant and the learned Judicial Magistrate, Eraniel, Kanyakumari District, is directed to consider the same on the same day and pass orders on merits in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, this petition is disposed of. sd/- 14/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE INSPECTOR OF POLICE, MANDAICADU POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S C.T.PERUMAL Advocate SR.No. 36585 trp JA-AAL-MPA-SAR.III/18.7.2016/2P:6C

ORDER

IN CRL OP(MD) No.11617 of 2016 Date :14/07/2016 https://hcservices.ecourts.gov.in/hcservices/