Madras High CourtCRL OP(MD)/21939/2018allowed

Suji Kumar, v. The Inspector Of Police

2018-12-12Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21939 of 2018 SUJI KUMAR ... PETITIONER / ACCUSED No. 3 Vs THE STATE, REP. BY ITS INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.1184/2011 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SIVAKUMAR Advocate For Respondent : MR.S.CHANDRASEKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 352, 506(ii) IPC in Crime No.1184 of 2011, seeks anticipatory bail.

2.The learned counsel for the petitioner would submit that after investigation, the respondent has filed final report before the learned Judicial Magistrate Court No.I, Kuzhithurai and the same was taken on file in C.C.No.410 of 2014. The petitioner was unable to appear before the Court below on an one hearing and Non-Bailable Warrant came to be issued on 07.08.2017. 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. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate Court No.I, Kuzhithurai within a period of two weeks from the date of receipt of a copy of this order and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

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

sd/- 12/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I KUZHITHURAI, KANIYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.SIVAKUMAR Advocate SR.No. 23134

ORDER

IN CRL OP(MD) No.21939 of 2018 Date :12/12/2018 MSI/VR-MMS/SAR-III/19.12.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/