Ramanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7687 of 2018 1 RAMANATHAN 2 SANJEEVI @ SAKKARAPANI ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE T.RAMANATHAPURAM POLICE STATION, PERAIYOOR TALUK, MADURAI DISTRICT ... RESPONDENT For Petitioners : M/S.P.VENKATESAN Advocate For Respondent : MR.K.SUYMABULINGA BHARATHI, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / A1 and A2, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 323, 324, 355 and 506(ii) IPC in C.C.No.409 of 2014, on the file of the learned Judicial Magistrate No.II, Usilampatti, Madurai District, seek anticipatory bail.

2. It is submitted by the learned counsel appearing for the petitioners that due to the absence of the petitioners, non bailable warrant was issued against petitioners on 04.05.2016, by the learned Judicial Magistrate No.II, Usilampatti, Madurai District and that the petitioners are working in the army and was not able to attend the Court.

3. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that due to the absence of the petitioners for one hearing, non bailable warrant was issued against the petitioners and the petitioners may be directed to approach the trial Court for recalling the warrant.

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4. Considering the fact that non-bailable warrant was issued against the petitioners for their absence, there shall be a

direction, directing the petitioners to surrender before the learned Judicial Magistrate No.II, Usilampatti, Madurai District, within a period of 10 days from the date of receipt of a copy of this order and to file a petition for recalling the warrant in C.C.No.409 of 2014, on the file of the the learned Judicial Magistrate No.II, Usilampatti, Madurai District, and on filing of petition, the said Magistrate is directed to consider the same on the same day and to pass orders on merits and in accordance with law. If the petitioners failed to surrender within the stipulated time, this order stands vacated automatically without any further reference to this Court.

5. Accordingly, the Criminal Original Petition is disposed of. sd/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE T.RAMANATHAPURAM POLICE STATION, PERAIYOOR TALUK, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.VENKATESAN Advocate SR.No.8242

ORDER

IN CRL OP(MD) No.7687 of 2018 Date :09/05/2018 SMA/CM/VK/11.05.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/