Shajahan v. The Inspector Of Police

CRL OP(MD). No.5586 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5586 of 2022 Shajahan ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.167 of 2012) ... Respondent/Complainant For Petitioner : Mr.B.Mahendrarajan,Advocate for Mr.N.Jothivel,Advocate For Respondent : Mr.R.Sivakumar, 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 by the respondent police pursuant to the non-bailable warrant issued by the learned Judicial Magistrate, Pattukottai, Thanjavur District, in C.C.No.12 of 2013.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest for the alleged offence under Section 386 IPC in connection with Non-Bailable Warrant issued in C.C.No.12 of 2013, on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District, in Crime No.167 of 2012, seeks anticipatory bail.

2.It is seen from the records that charge sheet has already been filed and the same was taken on file in C.C.No.12 of 2013 and that the case is pending for past 8 years.

3.Admittedly, Non-Bailable Warrant (NBW) is pending against the petitioner from 27.09.2019 and the petitioner has not approached the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5586 of 2022 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. 4.In the result, this Criminal Original Petition is dismissed. sd/- 25/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5586 of 2022 Date :25/03/2022 PKP/SVR/SAR-2/01.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2