Boominathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6402 of 2022 Boominatahan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Kombai Police Station, Theni District.

(Crime No.210 of 2018) ... Respondent/Complainant For Petitioner : Mr.M.Solaisamy, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.210 of 2018 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest for the alleged offences under Sections 294(b) and 506(1) IPC, in Crime No.210 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner scolded the defacto complainant and threatened him with dire consequences. Hence, the complaint.

3.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that charge sheet has already been filed and the same was taken on file in C.C.No.600 of 2018 on the file of the learned Judicial Magistrate, Bodi, and that the case is pending for past 4 years.

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4.Admittedly, Non-Bailable Warrant (NBW) is pending against the petitioner from 12.06.2019 and the petitioner has not approached the trial Court to recall the warrant pending against him. Without availing the alternative remedy available before the trial Court, he has chosen to approach this Court directly. Moreover, the petitioner has not shown any specific or special reason so as to enable this Court to invoke Section 482 Cr.P.C. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. 5.In the result, this Criminal Original Petition is dismissed. Sd/- 12/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, KOMBAI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6402 of 2022 Date :12/04/2022 SP/JM/SAR II/25/04/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/