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Madras High CourtCRL OP(MD)/1768/2017granted

Sathiyendran, v. The State Rep. By Its

2017-02-20Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1768 of 2017 SATHIYENDRAN ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE, MUDHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.79 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.S.JEYAKARTHIK Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 326, 307 of I.P.C., r/w. Section 34 of I.P.C., in Crime No.79 of 2011 which was charge sheeted in S.C.No.50 of 2013 on the file of Sub Court, Paramakudi and hence, seeks anticipatory bail.

2. The learned Government Advocate (Crl.side) appearing for the respondent states that totally there are four accused in this case and the petitioner is A2 and the remaining accused are appearing in S.C.No.50 of 2013 before the Sub Court, Paramakudi and Non-bailable Warrant was issued against the petitioner for his absence on 11.12.2013 and is pending against the petitioner.

3. The learned counsel for the petitioner states that the petitioner is a coolie worker and he has been working in a dying factory at Tirupur and hence, he could not able to contact his advocate and Non Bailable Warrant is pending from 11.12.2013 onwards in S.C.No.50 of 2013 which is pending more than three years.

4. Considering the above facts and circumstances of the case, this Court directs the petitioner to appear before the Sub Court, Paramakudi within a period of 10 days from the date on which the order copy is made ready and file a petition to recall the Nonhttps://hcservices.ecourts.gov.in/hcservices/

Bailable Warrant and the Sub Court, Paramakudi is directed to dispose of the same on the same day itself, in accordance with law.

5. With the above direction, the Criminal Original Petition is disposed of.

sd/- 20/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE,PARAMAKUDI.

2 THE INSPECTOR OF POLICE, MUDHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. M.S.JEYAKARTHIK Advocate SR.No.9261 CSL/PM-PN/SAR-I/28.02.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.1768 of 2017 Date :20/02/2017 https://hcservices.ecourts.gov.in/hcservices/