Dharmaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI S.DHARMARAJ ... Petitioner / Accused No.5 Vs THE INSPECTOR OF POLICE MAYANOOR POLICE STATION, KARUR DISTRICT.

(CRIME NO.231/2012) ... Respondent / Complainant For Petitioner :

M/s.N.Rekha, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO. 231/2012 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / A5, who is facing trial in C.C.No.73 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram, for the alleged offence punishable under Sections 392, 411, 457, 506, 109 and 34 I.P.C., seeks anticipatory bail.

2. The petitioner was absent during the trial in C.C.No.73 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram. 1/4

Therefore, Non-Bailable Warrant came to be issued against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person and hence, he prays for allowing this petition.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the respondent Police has conducted investigation in Crime No.231 of 2012 and on completion of investigation, charge sheet in C.C.No.73 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram.

5. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to surrender before the trial Court. Hence, this Court may permit the petitioner to file an application under Section 88 of Cr.P.C. before the trial Court.

6. Considering the facts and circumstances and also considering the fact that the investigation has been completed and charge sheet is filed before the 2/4

concerned Court and also considering the fact that there is no apprehension of arrest, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands (*)disposed of. However, this Court permits the petitioner to file an application under Section 88 of Cr.P.C. before the learned District Munsif cum Judicial Magistrate, Krishnarayapuram. On filing of such petition, the concerned Judge is directed to consider the said petition on merits and pass orders on the same day. sd/- 15/03/2024 (*)Amended as per the order of this Hon'ble Court in CRL OP(MD)No.4218 of 2024 dated 27/03/2024.

/ TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To TO BE SUBSTITUTED WITH THE ORDER DATED 15/03/2024 ALREADY DESPATCHED.

1.The District Munsif cum Judicial Magistrate, Krishanarayapuram.

2.Do through the Chief Judicial Magistrate, Karur District.

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3.The Inspector of Police, Mayanoor Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.REKHA, Advocate ( SR-3273[I] dated 15/03/2024 )

ORDER

IN Date :15/03/2024 RK/VR (25.03.2024) 4P/6C INDU SS/JGB/SAR- /16/04/2024/ 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4