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Madras High CourtCRL OP(MD)/13792/2016disposed of

Mohamed Ali, v. The Inspector Of Police

2016-08-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13792 of 2016 MOHAMED ALI ... PETITIONER/ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI.

CR.NO. 1223 OF 2012 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.M.A.JINNAH, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, GOVERNMENT 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 offences under Section 147 IPC and Section 4 of TNPPDL Act, in P.R.C.No.118 of 2013, on the file of the learned Judicial Magistrate No.V, Tirunelveli, 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 18.07.2016 by the learned Judicial Magistrate No.V, Tirunelveli.

3.The learned Government Advocate (Crl. Side) submitted that due to absence of the petitioner for one hearing, non bailable https://hcservices.ecourts.gov.in/hcservices/ 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, directing the petitioner to surrender before the learned Judicial Magistrate No.V, Tirunelveli, and to file a petition for recalling the warrant and the learned Judicial Magistrate No.V, Tirunelveli, is directed to consider the same and pass orders on merits and in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI

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

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No. 42543

ORDER

IN CRL OP(MD) No.13792 of 2016 Date :04/08/2016 SMN TE/SKS-RR/SAR-III : 09/08/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/