Madras High CourtCRL OP(MD)/6059/2023disposed of

Arul Alias Mani v. The Inspector Of Police

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

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.6059 of 2023 Arul Alias Mani ... Petitioner/Accused Vs The State represented by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Cr.No.216/2015.

... Respondent/Complainant For Petitioner : M/s.K.Arunraj, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 216/2015 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused apprehends arrest at the hands of the respondent police in Spl.S.C.No.110 of 2019 on the file of the learned Sessions Judge, Special Court in the cadre of District Judge for Exclusive trial of cases under POCSO Act, Thanjavur for the offence punishable under Section 366(A) of IPC and Sections 6 and 9 of Protection of Children from Sexual Offences Act in Crime No.216 of 2015, seeks anticipatory bail.

2.The petitioner was absent during the trial in Spl.S.C.No.110 of 2019 on the file of the learned Sessions Judge, Special Court in the cadre of District Judge for Exclusive trial of cases under POCSO Act, Thanjavur 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.

https://www.mhc.tn.gov.in/judis

4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Sessions Judge, Special Court in the cadre of District Judge for Exclusive trial of cases under POCSO Act, Thanjavur on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. 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 SESSIONS JUDGE, SPECIAL COURT IN THE CADRE OF DISTRICT JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THANJAVUR.

2 THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT. 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.

+1. CC to M/S. K.ARUNRAJ Advocate SR.No.5323 ORDER IN CRL OP(MD) No.6059 of 2023 Date :31/03/2023 SA/CG/SAR IV/06/04/2023/2P/7C https://www.mhc.tn.gov.in/judis