Madras High CourtCRL OP(MD)/4985/2023disposed of

Sagaya Babitha @ Bavithra v. The Sub Inspector Of Police

2023-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.4985 of 2023 Sagaya Babitha ... Petitioner/Sole Accused Vs.

The State represented by The Sub Inspector of Police, District Crime Branch, Dindigul District.

Crime No.24 of 2011 ... Respondent/Complainant For Petitioner : Mr.S.Balamurugan Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.24 of 2011 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police in C.C.No.275 of 2013 on the file of the learned Judicial Magistrate No.II, Dindigul for the offences punishable under Sections 406 and 420 of IPC, in Crime No.24 of 2011, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No.275 of 2013 on the file of the learned Judicial Magistrate No.II, Dindigul. 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.

https://www.mhc.tn.gov.in/judis 4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the

learned Judicial Magistrate No.II, Dindigul on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On the filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day.

5.With the above direction, this Criminal Original Petition is disposed of.

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 16/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4985 of 2023 Date :16/03/2023 SS/CG/SAR I/23/03/2023/2P/3C https://www.mhc.tn.gov.in/judis