Madras High CourtCRL OP(MD)/3155/2017ordered

Raja, v. The Sub Inspector Of Police,

2017-03-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3155 of 2017 RAJA ... PETITIONER/ACCUSED NO.I Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

CRIME NO.411 OF 2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.RANJITH 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 accused No.1 in Crime No.411 of 2009 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 332 and 307 of IPC, which is now pending in S.C.No.07 of 2010 on the file of the learned Additional District Judge, Periyakulam, Theni District, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) 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 18.04.2015. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of Non-bailable warrant for the past two years.

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, Aruppukottai and to file a petition for recalling the https://hcservices.ecourts.gov.in/hcservices/

warrant within 10 days from the date on which the order copy made ready and the learned Judge, 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/- 23/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE ADDITIONAL DISTRICT JUDGE, PERIYAKULAM, THENI DISTRICT 4 THE SUB INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

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

RJ2 CSL/BS/SAR-II/28.03.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3155 of 2017 Date :23/03/2017 https://hcservices.ecourts.gov.in/hcservices/