Gunasekaran v. State Rep By Inspector Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2319 of 2017 GUNASEKARAN ... PETITIONER / ACCUSED NO.5 Vs STATE REP BY THE INSPECTOR OF POLICE, APPAYANAYAKKANPATTI, VIRUDHUNAGAR DISTRICT.
(CRIME NO. 135 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU Advocate For Respondent : MRS.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, who is arrayed as A-5, in Crime No.135 of 2015 on the file of the respondent Police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 399, 402 120(b) of I.P.C r/w Section 5, 25(1), (a) of Arms Act, 1959, which is now pending in P.R.C No.4 of 2016 on the file of the learned Judicial Magistrate No.I, Sattur, seeks anticipatory bail.
2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side0 for the respondent/State.
3. The learned Government Advocate (Crl.Side) on instructions submitted that due to absence of the petitioner, non-bailable warrant was issued against the petitioner by the trial Court on 16.12.2016. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of Nonbailable 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.I, Sattur and to file a petition for recalling the warrant within 10 days from the date on which the order copy made https://hcservices.ecourts.gov.in/hcservices/
ready and the learned Magistrate, is directed to consider the same on the same day and pass orders on merits in accordance with law.
5. Accordingly, this petition is disposed of. sd/- 07/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PM TO 1 THE JUDICIAL MAGISTRATE NO.I, SATTUR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, APPAYANAYAKKANPATTI, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.PITCHAI MUTHU Advocate SR.No.13025 GJM/SKN.SAR-3-10.3.17-2P-6C
ORDER
IN CRL OP(MD) No.2319 of 2017 Date :07/03/2017 https://hcservices.ecourts.gov.in/hcservices/