Madras High CourtCRL OP(MD)/3997/2017ordered

Kannan v. The Inspector Of Police

2017-04-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3997 of 2017 KANNAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION, THENI DISTRICT CRIME NO.886/2009 ... RESPONDENT/RESPONDENT For Petitioner : M/S.S.MAHENDRAPATHY 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 accused No.2 in Crime No.75 of 2010 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC, which is now pending in C.C.No.75 of 2010 on the file of the learned Judicial Magistrate, Aundipatti, 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 18.09.2014. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of Non-bailable warrant.

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, Aundipatti and to file a petition for recalling the warrant within 10 days from the date on which the order copy made ready and the learned Magistrate, is directed to consider the same https://hcservices.ecourts.gov.in/hcservices/

on the same day and pass orders on merits in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 06/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,AUNDIPATTI, THENI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION,THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.19677 RJ2 CSL/BS/SAR-II/10.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3997 of 2017 Date :06/04/2017 https://hcservices.ecourts.gov.in/hcservices/