Madras High CourtCRL OP(MD)/7514/2020dismissed

Periyasamy v. The Inspector Of Police

2020-07-23Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.7514 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7514 of 2020 Periasamy, ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Kattuputhur Police Station, Trichy District.

Crime No.246/2018.

... Respondent/Complainant For Petitioner : Mr.T.Dhandapani, 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. 246 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1 in Crime No.246 of 2018 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 and 506(i) of IPC, which is now pending in C.C.No.140 of 2019 on the file of the learned Judicial Magistrate, Musiri, and hence, 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) appearing for the respondent, on instructions, submitted that abscond charge sheet has been filed and due to absence of the petitioner, non-bailable https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7514 of 2020 warrant was also issued against the petitioner by the trial Court. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of nonbailable warrant against the petitioner. 4.Considering the fact that non-bailable warrant is pending against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is dismissed. However, the petitioner is directed to surrender before the learned Judicial Magistrate, Musiri 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 petitioner and consider the petition to be submitted by the petitioner for recalling the warrant, on the same day of his surrender on merit and in accordance with law. sd/- 23/07/2020 / 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, MUSIRI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.7514 of 2020 Date :23/07/2020 vsg AE/PN/SAR-II (27.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2