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Madras High CourtCRL OP(MD)/10339/2018granted

Chandrasekaran v. The Inspector Of Police

2018-06-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10339 of 2018 CHANDRASEKARAN ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE KAYATHAAR POLICE STATION, TUTICORIN DISTRICT.

IN CRIME NO.248 OF 2012 ... RESPONDENT/COMPLAINANT For Petitioner : MR.D.ANBARASU, 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 petitioner apprehending his arrest by the respondent police based on the Non Bailable Warrant issued by the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District in C.C.No.207 of 2012.

2.The petitioner was absent on 19.03.2008 during the trial in C.C.No.207 of 2012 before the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District. 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. 4.If the petitioner fails to appear before the Court below for future hearings, he is entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order granting anticipatory bail shall stand cancelled. https://hcservices.ecourts.gov.in/hcservices/

5.Recording the abovesaid undertaking given by the learned counsel appearing for the petitioner, the petitioner is permitted to appear before the trial Court on next hearing date and to file a recall warrant petition. The concerned Magistrate is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is allowed. sd/- 25/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, TUTICORIN DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE KAYATHAAR POLICE STATION, TUTICORIN 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.D.ANBARASU, Advocate SR.No.11339

ORDER

IN CRL OP(MD) No.10339 of 2018 Date :25/06/2018 PK/RR-CSL/SAR-1/29.06.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/