Sheik Ahamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9279 of 2018 SHEIK AHAMED ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, MADURAI. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.K.GOKUL, 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 petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 138 of Negotiable Instrument Act, on the file of the respondent police, seeks anticipatory bail. 2.The petitioner was absent on 09.02.2018 during the trial in S.T.C.No.30 of 2017 before the learned District Munsif cum Judicial Magistrate, Peraiyur. Therefore, Non-Bailable Warrant came to be issued.

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.If the petitioner fails to appear before the Court below for future hearings, he is entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order granting anticipatory bail shall stand cancelled.

https://hcservices.ecourts.gov.in/hcservices/ 5.Recording the above said undertaking given by the learned counsel appearing for the petitioner, the petitioner is permitted to

appear before the trial Court on next hearing date and to file a recall warrant petition. The learned District Munsif cum Judicial Magistrate, Peraiyur is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is allowed. sd/- 08/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, MADURAI.

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

+ 1 CC TO Mr.K.GOKUL, ADVOCATE IN SR No. 10052

ORDER

IN CRL OP(MD) No.9279 of 2018 Date :08/06/2018 TA TE/CM-VR/RNB : 14/06/2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/