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Madras High CourtCRL OP(MD)/5427/2023disposed of

Ramasamy v. The Inspector Of Police

2023-03-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.5427 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5427 of 2023 Ramasamy ... Petitioner/Accused No.2 Vs State rep. by, The Inspector of Police, Aruppukottai Town Police Station, Aruppukottai, Virudhunagar District.

Crime No. 199 of 2014.

... Respondent/Complainant For Petitioner : K.Arunraj, 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.199 of 2014 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 apprehends arrest at the hands of the respondent police in C.C.No.184 of 2015 on the file of the learned Judicial Magistrate, Aruppukottai for the offences punishable under Sections 457 and 380 IPC in Crime No.199 of 2014, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No.184 of 2015 on the file of the learned Judicial Magistrate, Aruppukottai. Therefore, Non-Bailable Warrant came to be issued against the petitioner on 17.08.2022.

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 1/2

CRL OP(MD). No.5427 of 2023 4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Aruppukottai 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. 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/- 23/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate, Aruppukottai.

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District at Srivilliputhur.

3. The Inspector of Police, Aruppukottai Town Police Station, Aruppukottai, Virudhunagar District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-4773[I] dated 24/03/2023 )

ORDER

IN CRL OP(MD) No.5427 of 2023 Date : 23/03/2023 NA/VR/SAR-I/03.04.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2