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Madras High CourtCRL OP(MD)/9188/2015dismissed

O. Homerlal, S/O. Oliver, v. The Inspector Of Police,

2015-05-13Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of May Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE G.CHOCKALINGAM CRL OP(MD) No.9188 of 2015 O. HOMERLAL, ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE, THUCKALAI POLICE STATION, KANYAKUMARI DISTRICT.

CR.NO.767/2010 ... 1st RESPONDENT / COMPLAINANT For Petitioner : M/S.S.C.HEROLD SINGH Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 452 and 506(ii) of I.P.C., in C.C.No.110 of 2012 on the file of the learned Judicial Magistrate, Padmanabapuram and hence, seeks anticipatory bail.

2. The learned Government Advocate (Crl.side) represented that in this case, Non-Bailable Warrant was issued against the petitioner on 09.06.2014 by the learned Judicial Magistrate, Padmanabapuram for the non-appearance of the petitioner.

3. Since Non-Bailable Warrant is pending against the petitioner for the last 11 months, no anticipatory bail can be granted by this Court and this petition is dismissed. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate, Padmanabapuram within a period of one week from the date of receipt of a copy of this order after giving notice to the learned Public Prosecutor and to file an application for bail and in the event of filing such an application, the learned Judicial Magistrate, Padmanabapuram is directed to consider the bail application and pass orders, on the same day, on merits and in accordance with law.

sd/- 13/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE JUDICIAL MAGISTRATE PADMANABAPURAM 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE, THUCKALAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.C.HEROLD SINGH Advocate SR.No.25520 Sm:15.05.2015:2P/6C

ORDER

IN CRL OP(MD) No.9188 of 2015 Date :13/05/2015 https://hcservices.ecourts.gov.in/hcservices/