Munusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.1476 of 2016 MUNUSAMY ... PETITIONER/SOLE ACCUSED Vs STATE REP BY ITS THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

(C.C.NO. 94 OF 2010) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.VIVEKANANDAN Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest for alleged offences under Section 138 of Negotiable Instruments Act, in C.C.No.94 of 2010 on the file of the Judicial Magistrate, Aranthangi, prays for the grant of anticipatory bail.

2.Learned counsel for the petitioner submitted that the petitioner apprehends arrest on the ground of issuance of NonBailable Warrant. Learned counsel appearing for the petitioner submit that the petitioner's name has been wrongly represented before the Judicial Magistrate as Muneeswaran instead of Munusamy, he is unable to give proper instruction to his counsel and that non bailable warrant on 17.05.2013 is issued. He also submits that the petitioner is prepared to partake in the proceedings without fail on future hearings.

3.Learned Government Advocate (Crl.side) submit that nonbailable warrant is pending against the petitioner as the petitioner has not appeared before the trial Court on the date of hearing.

4.I have perused the materials available on record. In such circumstances, the petitioner is directed to appear before the trial Court within 15 days from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order by filing an application under Section 70(2) Cr.P.C to recall the warrant and if so moved, the learned trial Judge is directed to consider the same on merits.

sd/- 28/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ARANTHANGI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

+1. CC to M/S M.VIVEKANANDAN Advocate SR.No.4878 RL/6C/AAL/MPA/ARII/2/2/2016

ORDER

IN CRL OP(MD) No.1476 of 2016 Date :28/01/2016 https://hcservices.ecourts.gov.in/hcservices/