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Madras High CourtCRL OP(MD)/5053/2021dismissed

Mani @ Vaikundan @ Vaikundamani v. The Sub Inspector Of Police

2021-04-23Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.5053 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.5053 of 2021 Mani @ Vaikundan @ Vaikundamani ... Petitioner/2nd Accused Vs State through The Sub Inspector of Police, Puthukadai Police Station, Nagarkoil.

In Crime No.377/2009.

... Respondent/Complainant For Petitioner : Mr.S.Balamohan, Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.377 of 2009 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 294(b), 323, 506(ii) and 395 IPC in Crime No.377 of 2009, seeks anticipatory bail.

2.The petitioner was absent during the trial in P.R.C.No.7 of 2011 on the file of the Judicial Magistrate No.2, Kuzhithurai. Therefore, Non-Bailable Warrant came to be issued . 3.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4.It is seen that the case in P.R.C.No.7 of 2011 is pending from the year 2011 and it could not be committed to the Court of Sessions for trial, because of pendency of Non-Bailable Warrant against the petitioner.

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CRL OP(MD)No.5053 of 2021 5.Considering the facts of the case, this criminal original petition is dismissed by giving liberty to the petitioner to surrender before the Court below and seek regular bail. On filing of such petition, the concerned Court below shall consider the same on the same day, on merits.

sd/- 23/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 JUDICIAL MAGISTRATE No.II, KUZHITHURAI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3.THE SUB INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, NAGARKOIL.

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

ORDER

IN CRL OP(MD) No.5053 of 2021 Date :23/04/2021 GNS AE/AKM/SAR-IV/17.05.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2