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Madras High CourtCRL OP(MD)/6815/2020dismissed

Thanga Pandi v. The Inspector Of Police

2020-06-29Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.6815 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.6815 of 2020 Thanga Pandi ... Petitioner/Accused No.2 Vs The State Rep. by The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District.

(Crime No.90 of 2018). ... Respondent/Complainant For Petitioner : M/s.R.Anand, Advocate.

For Respondent : R.Anandharaj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.90 of 2018 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under sections 452, 323, 366(A) and 506(ii) of I.P.C., in view of the Non Bailable Warrant issued by the Sessions Judge, Mahila Court, Tirunelveli in C.C.No.196 of 2019.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6815 of 2020

3. A perusal of the petition indicates that for the offences under Sections 452, 323, 366(A) and 506(ii) of I.P.C., the petitioner was arrested and later granted bail. But pending trial, he did not attend the hearing on 27.02.2020. Hence, the Non Bailable Warrant was issued against him. Due to COVID 19 situation, the petitioner has approached this Court for anticipatory bail, instead of filing a petition to re-call the Non Bailable Warrant issued by the Sessions Court.

4. Taking note of the extreme situation, this Court while dismissing this petition, directs the petitioner herein to approach the Sessions Court and seek for recall of Non Bailable Warrant under Section 17(2) of Cr.P.C. If any such petition is filed, the same may be considered on the same day by the Sessions Judge. sd/- 29/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO

1. THE SESSIONS JUDGE, MAHILA COURT, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, MOOLAKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6815 of 2020 Date :29/06/2020 AKV TE/VR/SAR-II : 30/06/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2