A. Joachim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13275 of 2016 A. JOACHIM ... PETITIONER/ ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE PROHIBITION AND ENFORCEMENT WING, ERANIEL, KANYAKUMARI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.R.SREENIVASAN 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 Section Tamil Nadu Liquor (Retail & Vending) Rule 1989 r/w 24 of Tamil Nadu Prohibition Act, 1937, 4(1)(k) of Tamil Nadu Prohibition Act, in C.C.No.148 of 2005, 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 23.06.2016 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 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.

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5. Accordingly, this petition is disposed of. sd/- 29/07/2016 / 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 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING, ERANIEL, KANYAKUMARI DISTRICT.

+1. CC to M/S M.R.SREENIVASAN Advocate SR.No.41326 am JM/GSV-PM/SAR-III/02.08.2016/2P-6C

ORDER

IN CRL OP(MD) No.13275 of 2016 Date :29/07/2016 https://hcservices.ecourts.gov.in/hcservices/