Madras High CourtCRL OP(MD)/4787/2023disposed of

Anwar @ Anwar Hussain v. The Inspector Of Police

2023-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.4787 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4787 of 2023

1. Anwar @ Anwar Hussain

2. Nishar @ Mohamed Nishar ... Petitioners/ Accused (Rank Not Known) Vs The State Rep.by The Inspector of Police, Mimisal Police Station, Pudukottai District.

Cr.No.109/2005.

... Respondent/Complainant For Petitioners : M/s.T.Leninkumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 109/2005 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/ accused who apprehends arrest at the hands of the respondent police in P.R.C.No.12 of 2009 on the file of the learned Judicial Magistrate,Aranthangi for the offences punishable under Sections 147, 148, 457,307 of IPC @ 147,148,427 of IPC in Crime No.109 of 2005, seek anticipatory bail. 2.The petitioners were absent during the committal in P.R.C.No.12 of 2009 on the file of the learned Judicial Magistrate,Aranthangi. Therefore, Non-Bailable Warrant came to be issued.

3.The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

4.Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned Judicial Magistrate,Aranthangi District on the next hearing https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.4787 of 2023 and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On the filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day.

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

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 14/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1.THE JUDICIAL MAGISTRATE,ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3.THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-4239[I] dated 15/03/2023 )

ORDER

IN CRL OP(MD) No.4787 of 2023 Date :14/03/2023 RD/MMS/SAR-IV (16/03/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2