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Madras High CourtCRL OP(MD)/9168/2018allowed

Jai@Jeyakumar v. The Inspector Of Police

2018-06-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9168 of 2018 1 JAI @ JEYAKUMAR 2 SURIYA @ SURIYA PRAKASH ... PETITIONERS/ ACCUSED NO.1 & 4 (BEFORE SPLIT UP IN PRC NO.08/2008) Vs STATE REP.BY THE INSPECTOR OF POLICE, BAZAR POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

CRIME NO.540 OF 2007 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.G.MARIAPPAN, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 395, 397 r/w 34 IPC, in Crime No. 540 of 2007, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. 3.The petitioners were absent on 11.08.2015 during the trial in PRC No.11/14 on the file of the Judicial Magistrate No.I, Virudhunagar. Therefore, Non-Bailable Warrant came to be issued.

4. The learned counsel for the petitioners submits that the petitioners were not served with any summons. He further undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail. They were not in a position to appear and apply for a exemption petition under Section 317 of Cr.P.C.

5. Recording, the said undertaking, the petitioners are directed to appear before the learned Judicial Magistrate No.I, Virudhunagar and apply for recall of warrant. On such application https://hcservices.ecourts.gov.in/hcservices/

being filed, the learned Judicial Magistrate is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is disposed of. sd/- 11/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, BAZAR POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.G.MARIAPPAN Advocate SR.No.10045

ORDER

IN CRL OP(MD) No.9168 of 2018 Date :11/06/2018 MS/PN/VK/14.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/