Madras High CourtCRL MP(MD)/2907/2021ordered

Alaudeen v. The Sub Inspector Of Police

2021-04-08Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL MP(MD) No.2907 of 2021 IN CRL OP(MD) No.2958 of 2021 ALAUDEEN ... PETITIONER /PETITIONER/ACCUSED A1 Vs STATE THROUGH THE SUB INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, THIRUPULLANI CRIME NO.153 OF 2014. RESPONDENT / RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the order of this Hon'ble Court in Crl.OP.(MD). No.2958 of 2021 dt.24.2.2021 and to enlarge the petitioner on bail in the event of arrest inCC.No.124 of 2019 on the file Learned Judicial Magistrate No.I,Ramanathapuram in Cr.No.153 of 2014.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ALAUDEEN S.A.S., Advocate for the petitioner and of M/S.M.GANESAN, Government Advocate (Crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the order passed by this Court in Crl.O.P(MD) No.2958 of 2021 and to enlarge the petitioner on bail in the event of arrest in C.C.No.124 of 2019 on the file of the learned Judicial Magistrate No.I, Ramanathapuram.

2. The learned counsel for the petitioner submitted that when the matter was taken cognizance summons had been ordered by the learned Judicial Magistrate No.I, Ramanathapuram and the same was not served. Subsequently Non Bailable Warrant was issued, hence he had filed a petition for seeking anticipatory bail.

3. It is seen from the order that the petitioner was directed to surrender before the learned Judicial Magistrate No.I, Ramanathapuram and file a petition for recall the Non Bailable Warrant and now he has filed a petition seeking modification of the said order and stated that instead of directing him to file a petition to recall the Non Bailable Warrant he requested this Court to order the appearance of the petitioner before the concerned Court and permit him to execute a bond under Section 88 of Cr.P.C. Due https://hcservices.ecourts.gov.in/hcservices/

to the non appearance of the petitioner the progress in this case would get delayed.

4. In view of the same, this Court directs the petitioner to surrender before the learned Judicial Magistrate No.I, Ramanathapuram and seek regular bail and on such application being filed, the learned Judicial Magistrate No.I, Ramanathapuram is directed to dispose of the bail application filed by the petitioner on the same day without being influenced by any of the observation made in this order.

5. The petition is ordered accordingly.

sd/- 08/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE SUB INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, THIRUPULLANI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.2907 of 2021 IN CRL OP(MD) No.2958 of 2021 Date :08/04/2021 SMA/PN/SAR-3/21.04.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/