Madras High CourtCRL OP(MD)/1671/2016disposed of

Fiaz v. The Inspector Of Police

2016-01-29Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.1671 of 2016 FIAZ ... PETITIONER/ACCUSED NO.9 Vs STATE REP.BY THE INSPECTOR OF POLICE ATHIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

CR. NO. 108/2008 ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.R.MURUGESAN 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 apprehends arrest for alleged offences under Sections 147, 341, 323, 307 r/w 109 of IPC, in S.C.No.519 of 2008 on the file of the Assistant Sessions Court, Pattukottai, 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 due to sickness the petitioner could not appear on 26.02.2013 and on instructions, submit 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 https://hcservices.ecourts.gov.in/hcservices/ 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 order by filing an application under Section 70(2) Cr.P.C to re-call the warrant and if so moved, the learned trial Judge is directed to consider the same on merits.

sd/- 29/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE ASSISTANT SESSIONS JUDGE, PATTUKKOTTAI, THANJAVUR DISTRICT.

-DO-THRO' THE PRINCIPAL SESSIONS JUDGE, THANJAVUR.

3 THE INSPECTOR OF POLICE ATHIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

+1cc to Mr.D.R.Murugesan, Advocate SR.No.5604 akm/02.02.2016/ 2p- 6c/jgb/dp/SAR-I

ORDER

IN CRL OP(MD) No.1671 of 2016 Date :29/01/2016 https://hcservices.ecourts.gov.in/hcservices/