Madras High CourtCRL OP(MD)/7386/2017disposed of

Manoj Kumar v. The Inspector Of Police

2017-06-16Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7386 of 2017 MANOJ KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.258/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SIVAKUMAR 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 petitioner, who is the sole accused, in Crime No.258 of 2011 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 307, 506(ii) of I.P.C, which is now pending in S.C.No.35 of 2017 on the file of the Principal District and Sessions Judge, Nagercoil seeks anticipatory bail. 2.Heard the learned counsel for the petitioner 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 petitioner, non-bailable warrant was issued against the petitioner by the trial Court on 17.02.2017. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of Non-bailable warrant against the petitioner.

4. Considering the fact that non-bailable warrant was issued against the petitioner for his absence, there shall be a direction, directing the petitioner to surrender before the learned Principal District and Sessions Judge, Nagercoil and to file a petition for recalling the warrant within 10 days from the date on which the https://hcservices.ecourts.gov.in/hcservices/

order copy made ready and the learned Judge, 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/- 16/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, NAGERCOIL. 2 THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.SIVAKUMAR Advocate SR.No.24360

ORDER

IN CRL OP(MD) No.7386 of 2017 Date :16/06/2017 MKV-CM-MSA-SAR 3/19.6.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/