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Madras High CourtCRL OP(MD)/10095/2018allowed

Jegan @ Mariajegan v. The Inspector Of Police

2018-06-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10095 of 2018 1 JEGAN @ MARIAJEGAN 2 VIJI, S/O. SOOSAI ANTONY 3 AROCKIADASS 4 MARIA GEORGE @ MARIADASS 5 ANTONYPILLAI 6 YESUDASAN 7 ALWINDASS ... PETITIONERS 1TO 7/ACCUSED NOS.1,3, 4,5,7,8 & 9 Vs STATE REP.BY THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, PUTHUKADAI, KANYAKUMARI DISTRICT, CRIME NO.354/2009 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.R.SREENIVASAN Advocate For Respondent : Mr.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners apprehending their arrest by the respondent police based on the Non Bailable Warrant issued by the learned Judicial Magistrate No.II, Kuzhithurai in C.C.No.2 of 2010. 2.The petitioners are absent during the trial in C.C.No.2 of 2010 before the learned Judicial Magistrate No.II, Kuzhithurai. On account of their absence, Non-Bailable Warrant has been 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.If the petitioners fails to appear before the Court below for future hearings, they are entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, they are absent https://hcservices.ecourts.gov.in/hcservices/

and no application is filed for condoning their absence, this order granting anticipatory bail shall stand cancelled. 5.Recording the abovesaid undertaking given by the learned counsel appearing for the petitioners, the petitioners are permitted to appear before the trial Court on next hearing date and to file a recall warrant petition. The concerned trial Judge is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is allowed. sd/- 20/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, PUTHUKADAI, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.10847 MSA GJM/RR/CSL/GSR/25.6.18-2P-6C

ORDER

IN CRL OP(MD) No.10095 of 2018 Date :20/06/2018 https://hcservices.ecourts.gov.in/hcservices/