Madras High CourtCRL OP(MD)/5690/2023disposed of

N.Neruppu Dinesh @ Dinesh Babu v. The Inspector Of Police

2023-03-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.5690 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5690 of 2023 N.Neruppu Dinesh @ Dinesh Babu ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

(Crime No.255/2022).

... Respondent/Complainant For Petitioner : Mr.G.Mathavan, 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 Cr No.255/2022 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 Crime No.255 of 2022 on the file of the Thirukokarnam Police Station, Pudukottai District for the offences punishable under Sections 7 and 25(1A) of Arms Act in Crime No.255 of 2022, seeks anticipatory bail.

2.The petitioner was granted bail by the learned Principal District and Sessions Judge, Pudukottai in Crl.M.P. No.3074 of 2022 with a condition to stay at Vellore and report before the learned Judicial Magistrate, Vellore daily at 10.30 am., and 5.00 pm., until further orders. Since he was unable to comply with the condition, Non-Bailable Warrant came to be issued as against the petitioner by the learned Judicial Magistrate No.II, Vellore. 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.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned (*)Judicial Magistrate No.II, Pudukottai and 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. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5690 of 2023 5.With the above direction, this Criminal Original Petition is disposed of.

6. 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/- 28/03/2023 (*)For Being Mentioned as per Order of this Hon'ble Court dated 06/04/2023 in Crl.OP(MD).5690/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO TO BE SUBSTITUED WITH THE ORDER DATED 28/03/2023 ALREADY DESPATCHED 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKOTTAI. 2 THE JUDICIAL MAGISTRATE NO.II, VELLORE.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VELLORE DISTRICT. 4 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI 5 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

6 THE INSPECTOR OF POLICE, THIRUKOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to G.MATHAVAN Advocate SR.No.4989(I)

ORDER

IN CRL OP(MD) No.5690 of 2023 Date :28/03/2023 SA/CG/SAR.4/31.03.2023/2P/7C AAV PKP/SSS/SAR-3/12.04.2023/ 2P/9C https://www.mhc.tn.gov.in/judis 2/2