Madras High CourtCRL OP(MD)/22467/2016disposed of

Ramesh v. The Inspector Of Police

2016-11-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22467 of 2016 RAMESH ... PETITIONER / ACCUSED NO.8 Vs THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT, CR NO.497 OF 2011.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) IPC in C.C.No.31 of 2012 on the file of the learned Judicial Magistrate, Devakottai, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard both sides.

3.The petitioner is facing trial in C.C.No.31 of 2012 and on 15.09.2015 non bailable warrant was issued against the petitioner due to non appearance before the trial court and in pursuance of which, now the respondent police is apprehending him. Hence, he filed the present petition for anticipatory bail. 4.Learned counsel for the petitioner submitted that the petitioner are attending the court regularly without any default and only on that particular date, he could not be able to appear. Now, the petitioner undertakes to appear before the trial court without any default and would cooperate with the trial and prays for an order.

5. Heard the learned Govt. Advocate (crl.side). 6.Considering the facts and circumstances of the case and considering the fact that Non-Bailable Warrant is pending against the petitioner herein, this Court directs the petitioner to appear https://hcservices.ecourts.gov.in/hcservices/

in person to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the concerned Magistrate and in the event of filing such an application, the Judicial Magistrate concerned is directed to consider the same, and pass orders in accordance with law.

7.The trial court is expected to proceed with C.C.No.31 of 2012 on a day-to-day basis and shall not adjourn the matter beyond fifteen working days at any point of time.

8.With the above direction, this petition is disposed of. sd/- 28/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.3) TO 1 THE JUDICIAL MAGISTRATE DEVAKOTTAI.

2 -DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.SANJAY Advocate SR.No.73567

ORDER

IN CRL OP(MD) No.22467 of 2016 Date :28/11/2016 ANR/KM/SAR3/30.11.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/