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Madras High CourtCRL OP(MD)/23890/2016ordered

Mathi @ Mathivanan v. The Inspector Of Police

2016-12-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CRL OP(MD) No.23890 of 2016 MATHI @ MATHIVANAN ... PETITIONERS / SOLE ACCUSED Vs STATE, REPRESENTED BY INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI DISTRICT, CR.NO.934/2010 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : Mr.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.934 of 2010 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 392 r/w 397, 506(ii) of I.P.C, which is now pending in S.C.No.70 of 2012 on the file of the learned V Additional Sessions Judge, Madurai, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The learned Government Advocate(Crl. Side) on instructions submitted that due to absence of the petitioner, non-bailable warrant was issued against the petitioner by the trial Court on 02.04.2016. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of Non-bailable warrant, against the petitioner.

4. Considering the fact that non-bailable warrant was issued against the petitioner for his absence, there shall be a direction, directing the petitioner to surrender before the learned V Additional Sessions Judge, Madurai and to file a petition for recalling the warrant within 10 days from the date on which the order copy made ready and the learned Magistrate, is directed to consider the same on the same day and pass orders on merits in https://hcservices.ecourts.gov.in/hcservices/

accordance with law.

5. Accordingly, this petition is disposed of. sd/- 29/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE V ADDITIONAL SESSIONS JUDG MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI DISTRICT +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.83700 JAM/30.12.16/SKN/SAR 1/2p-5c

ORDER

IN CRL OP(MD) No.23890 of 2016 Date :29/12/2016 https://hcservices.ecourts.gov.in/hcservices/