Madras High CourtCRL OP(MD)/12071/2016disposed of

N.Nesamerlin v. State Rep.By

2016-07-19Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12071 of 2016 N.NESAMERLIN ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OFPOLICE KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.305 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S J.SENTHIL KUMARIAH Advocate For Respondent : MR.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 294(b), 324, 506(ii) and 109 of IPC, in Crime No.305 of 2011, 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 on 29.06.2016, 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, Padmanabhapuram, and to file a petition for recalling the warrant and the learned Judicial Magistrate, Padmanabhapuram, is directed to consider the same on the same day and pass orders on merits in accordance with law.

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5. Accordingly, this petition is disposed of. sd/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PADMANABHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OFPOLICE KULASEKARAM POLICE STATION,KANYAKUMARI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC to M/S. J.SENTHIL KUMARIAH, Advocate, SR.No.37620

ORDER

IN CRL OP(MD) No.12071 of 2016 Date :19/07/2016 AA/KBM/SAR-III/22.07.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/