Kumarasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18628 of 2018 KUMARASAMY ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE CSCID, THANJAVUR DISTRICT, IN CR NO. 7 OF 1985 ... RESPONDENT/COMPLAINANT For Petitioner : M.P.MUTHUSAMY, Advocate For Respondent : MR.ASOKAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police in C.C.No.241 of 2002 on the file of the Judicial Magistrate No.II, Thanjavur, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that on 07.05.

2018, since the petitioner was admitted in the hospital due to his ill health, he was not able to appear before the learned Judicial Magistrate No.2, Thanjavur in respect of the case in C.C.No.241 of 2002 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3.Heard the learned Government Advocate (criminal side) appearing for the respondent.

4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate No.2, Thanjavur, within a period of 2 weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.

5.This criminal original petition is disposed of accordingly. sd/- 23/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, THANJAVUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE CSCID, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18628 of 2018 Date :23/10/2018 PK/JC/SAR-4/30.10.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/