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Madras High CourtCRL OP(MD)/6528/2017ordered

Fareen v. The Inspector Of Police

2017-06-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6528 of 2017 1 FAREEN 2 ANITHA 3 SELVA LAKSHMI 4 DHANASEKAR 5 GANESH KUMAR 6 SAMRAJ ... PETITIONERS/ACCUSED NO.3 TO 8 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUCHENDUR, TUTICORIN DISTRICT CRIME NO. 9 OF 2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MALAIYENDRAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, in Crime No.

9 of 2009 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 of IPC and Sections 4 and 6 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act registered on 20.09.2009, which is now pending in C.C.No.171 of 2010 on the file of the Judicial Magirstrate, Tiruchendur seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State.

3. The learned Additional Public Prosecutor, on instructions submitted that due to absence of the petitioners, non-bailable warrant was issued against the petitioners by the trial Court on 27.02.2017. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of https://hcservices.ecourts.gov.in/hcservices/

Non-bailable warrant.

4. Considering the fact that non-bailable warrant was issued against the petitioners for his absence, there shall be a direction, directing the petitioners to surrender before the learned Judicial Magistrate, Tiruchendur 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 Judicial Magistrate is directed to consider the same on the same day and pass orders on merits in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.V.MALAIYENDRAN Advocate SR.No.58372 SKM/ARUL CSL/KK/SAR-IV/07.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.6528 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/