Boopathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8948 of 2018 BOOPATHY ... PETITIONER /PETITIONER / ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT CRIME No.159 OF 2015 ... RESPONDENT / COMPLAINANT/ COMPLAINANT For Petitioner : Mr.G.LAKSHMANAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 3 of TNPPDL Act, on the file of the respondent police, seeks anticipatory bail.

2.The petitioner appears to be inside for 53 days before coming out on bail. Now the charge sheet has been filed and the matter is pending on committal stage. On account of the petitioner's absence on 16.04.2018 before the learned Judicial Magistrate No.1, Tirunelveli, NBW came to be issued against the petitioner. 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.

4.If the petitioner fails to appear before the Court below for future hearings, he is entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order granting anticipatory bail shall stand cancelled.

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5.Recording the aforesaid undertaking given by the learned counsel appearing for the petitioner, on instructions, the petitioner is permitted to appear before the trial Court on next hearing date and to file a recall warrant petition. The learned Judicial Magistrate No.1, Tirunelveli District is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is allowed. sd/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.M.NALLAMUTHU, Advocate SR.No.9513 TA JAM/11/06/2018/ PN /VK/2P-6C

ORDER

IN CRL OP(MD) No.8948 of 2018 Date :05/06/2018 https://hcservices.ecourts.gov.in/hcservices/