M.Murugan v. The Inspector Of Police

CRL OP(MD). No.5473 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5473 of 2022 M.Murugan ... Petitioner/Accused No.7 Vs State represented by The Inspector of Police, Keeranoor Police Station, Dindigul District.

(Crime No.93 of 2012) ... Respondent/ Complainant For Petitioner : Mr.A.D.Ganeshamoorthi,Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- To enlarge the petitioner on bail in the event of his arrest in respect of S.C.No. 88 of 2014 on the file of the Additional District Judge, Palani, Dindigul District.

ORDER : The Court made the following order :- The petitioner/A.7, who apprehends arrest for the alleged offences under Sections 147, 148 and 353 IPC r/w 3(1) of TNPPDL Act in connection with Non-Bailable Warrant issued in S.C.No.88 of 2014, on the file of the learned Additional District Judge, Palani, Dindigul District, in Crime No.93 of 2012, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused unlawfully assembled and threatened the defacto complainant and also damaged the windows of the office. Hence, the complaint. 3.It is seen from the records that charge sheet has already been filed and the same was taken on file in S.C.No.88 of 2014 and that the case is pending for past 8 years.

https://hcservices.ecourts.gov.in/hcservices/ 4.Admittedly, Non-Bailable Warrant (NBW) is pending against the 1/2

CRL OP(MD). No.5473 of 2022 petitioner from 05.04.2021 and the petitioner has not approached the trial Court to recall the warrant pending against him. Without availing the alternative remedy available before the trial Court, he has chosen to approach this Court directly. Moreover, the petitioner has not shown any specific or special reason so as to enable this Court to invoke Section 482 Cr.P.C. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. 5.In the result, this Criminal Original Petition is dismissed. sd/- 24/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE ADDITIONAL DISTRICT JUDGE, PALANI, DINDIGUL DISTRICT 2 THE INSPECTOR OF POLICE, KEERNAOOR POLICE STATION, DINDIGUL DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

ORDER

IN CRL OP(MD) No.5473 of 2022 Date :24/03/2022 PKP/JM/SAR-4/01.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2