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Madras High CourtCRL OP(MD)/7160/2020disposed of

Kuthuf Maideen v. The Inspector Of Police

2020-07-09Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.7160 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7160 of 2020 Kuthuf Maideen ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

Crime No.10/2014.

... Respondent/Complainant For Petitioner : M/s.D.Haroon Rasheed, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 2014 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest for the alleged offences under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act, in connection with Non-Bailable Warrant issued in C.C.No.58 of 2015, on the file of the learned Judicial Magistrate, Paramakudi, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No.58 of 2015 before the learned Judicial Magistrate, Paramakudi. Therefore, Non-Bailable Warrant came to be issued on 06.05.2019. 3.The learned counsel for the appearing for the petitioner submitted that due to illness, the petitioner could not appear before the learned Judicial Magistrate, Paramakudi and therefore, Non-Bailable Warrant was issued against him on 06.05.2019. He further submitted that the act of the petitioner is neither wilful nor wanton and prays for anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7160 of 2020 4.The learned Government Advocate(Crl.side) appearing for the State would submit that the petition before this Court is not maintainable, unless he exhaust the remedy available under the Criminal Procedure Code.

5.In view of the above position, the relief available to the petitioner is to surrender before the learned Judicial Magistrate, Paramakudi and file a petition under Section 70(2) of Cr.P.C., to recall the Non-Bailable Warrant of Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6.Considering the fact that the non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Judicial Magistrate, Paramakudi, and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate, Paramakudi, is directed to consider the said petition on merits and pass orders on the same day. 7.Accordingly, this Criminal Original Petition is disposed of. sd/- 09/07/2020 / 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 JUDICIAL MAGISTRATE, PARAMAKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7160 of 2020 Date :09/07/2020 MS/JC/SAR-2/13.07.2020/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2