Madras High CourtCRL OP(MD)/12621/2016disposed of

S.Mariappan, v. The Inspector Of Police,

2016-07-25Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12621 of 2016 S.MARIAPPAN ... PETITIONER/2nd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

(C.C.NO.108/2015 IN CRIME NO.25/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.VIDHYA MAHESWARAN 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 411 and 414 of IPC in C.C.No.108 of 2015, in Crime No.25 of 2016, 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 18.07.2016, 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 No.II, Sivagangai, and to file a petition for recalling https://hcservices.ecourts.gov.in/hcservices/

the warrant and the learned Judicial Magistrate No.II, Sivagangai, 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/- 25/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE,POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S G.VIDHYA MAHESWARAN Advocate SR.No.39167 TRP CSL/KBM/SAR-I/28.07.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.12621 of 2016 Date :25/07/2016 https://hcservices.ecourts.gov.in/hcservices/