Madras High CourtCRL OP(MD)/13132/2016disposed of

F.Alwin Jose v. The Inspector Ofpolice

2016-07-28Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13132 of 2016 G.ALWIN JOSE ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OFPOLICE KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.899 OF 2004 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SENTHIL KUMAR 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 147, 341, 323 and 379 of IPC, in C.C.No.338 of 2004, on the file of the learned Judicial Magistrate, Eraniel, seeks anticipatory bail.

2. It is submitted by the learned counsel for the petitioner that due to the absence of the petitioner, non bailable warrant was issued against the petitioner on 22.07.2016 by the learned Judicial Magistrate, Eraniel.

3. The learned Government Advocate (Crl. Side) submitted that due to absence of the petitioner for one hearing, non bailable warrant was issued against the petitioner and the petitioner may be directed to approach the Court for recalling the warrant.

4. Considering the fact that non bailable warrant was issued against https://hcservices.ecourts.gov.in/hcservices/ the petitioner for his absence, there shall be a direction to the petitioner to surrender before the learned Judicial Magistrate, Eraniel,

and to file a petition for recalling the warrant and the learned Judicial Magistrate, Eraniel, is directed to consider the same on the same day and pass orders on merits and in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OFPOLICE KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

+1. CC to M/S R.SENTHIL KUMAR Advocate SR.No.40292.

ORDER

IN CRL OP(MD) No.13132 of 2016 Date :28/07/2016 AM/NGM.MP/SAR-I/01.08.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/