Madras High CourtCRL OP(MD)/8812/2020dismissed

D.Sureshkumar v. The Inspector Of Police

2020-08-24Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.8812 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8812 of 2020 1.D.Suresh Kumar 2.S.Selvi ... Petitioners/Accused No.1 & 2 Vs The State rep.by The Inspector of Police, Mallankinaru Police Station, Virudhunagar District.

Crime No.94 of 1999 ... Respondent/Complainant For Petitioners: Mr.T.Indrachithu, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.94 of 1999 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.1 and 2 in Crime No. 94 of 1999 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 467 and 468 of IPC, which is now pending in C.C.No.38 of 2003 on the file of the Judicial Magistrate Court No.1, Virudhunagar District, and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (criminal side) for the respondent police. 3.The learned Government Advocate (criminal side) appearing for the respondent on instructions submitted that due to absence of the petitioners, non-bailable warrant was issued against the petitioners by the trial Court, on 14.08.2019. He further submitted that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8812 of 2020 case is pending before the Court concerned without any progress because of the pendency of non-bailable warrant against the petitioners.

4.Considering the fact that non-bailable warrant is pending against the petitioners, the petitioners are directed to surrender before the Judicial Magistrate Court No.1, Virudhunagar District, and to file a petition for recalling the warrant, within 15 days from the date on which the order copy made ready and the concerned Court is directed to accept the surrender of the petitioners and consider the petitions to be submitted by the petitioners for recalling the warrant, on the same day of their surrender, on merits and in accordance with law.

5.Accordingly, this Criminal Original Petition is disposed of. sd/- 24/08/2020 / 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 NO I, VIRUDHUNAGAR. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

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

ORDER

IN CRL OP(MD) No.8812 of 2020 Date :24/08/2020 VSG TK/PN/SAR.2/26.08.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2