Madras High CourtCRL OP(MD)/6064/2023disposed of

Suresh v. The Inspector Of Police

2023-03-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.6064 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6064 of 2023

1. Suresh,

2. Jeevanantham,

3. Raj @ Solai Raja

4. Perumal ... Petitioners/Accused No.6, 12, 16 & 17 Vs The State represented by The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

(Crime No.171/2012)..

... Respondent/Complainant For Petitioners : Mr.A.Arun Prasad, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioners on bail in the event of their arrest in connection with PRC No.7/2018 on the file of the Learned Judicial Magistrate, Thirumayam.

ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police in P.R.C.No.7 of 2018 on the file of the learned Judicial Magistrate, Thirumayam in Crime No.171 of 2012 on the file of the respondent police, seek anticipatory bail. 2.The petitioners were absent during the trial in P.R.C.No.7 of 2018 on the file of the learned Judicial Magistrate, Thirumayam Therefore, Non-Bailable Warrant came to be issued. 3.The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

4.Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned Judicial Magistrate, Thirumayam on the next hearing and to https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.6064 of 2023 file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against them. On the filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day.

5.With the above direction, this Criminal Original Petition is disposed of.

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 31/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE PONNAMARAVATHY POLICE STATION, PUDUKOTTAI DISTRICT.

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

COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.6064 of 2023 Date :31/03/2023 SA/SSS/SAR.3/06.04.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2