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Madras High CourtCRL OP(MD)/11744/2018allowed

Sakthivel v. The Inspector Of Police

2018-07-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11744 of 2018 SAKTHIVEL ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT CR NO.125 OF 2016 ... 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 III Additional District and Sessions Judge, Tirunelveli in S.C.No.116 of 2017.

2.The petitioner was absent on 31.10.2017 during the trial in S.C.No.116 of 2017 before the learned III Additional District and Sessions Judge, Tirunelveli. Therefore, NonBailable 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.

5.Recording the abovesaid undertaking given by the learned counsel appearing for the petitioner, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

permitted to appear before the learned III Additional District and Sessions Judge, Tirunelveli on next hearing date and to file a recall warrant petition. The concerned District and Sessions Judge is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition is allowed. sd/- 12/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.ANBARASU Advocate SR.No.12910 MSA GJM/CSL/ASVM/19.7.18-2P-5C

ORDER

IN CRL OP(MD) No.11744 of 2018 Date :12/07/2018 https://hcservices.ecourts.gov.in/hcservices/