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Madras High CourtCRL OP(MD)/22070/2018granted

Muthukumar, v. The Inspector Of Police

2018-12-13Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22070 of 2018 MUTHUKUMAR ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME.NO.388/2010) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND 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 147, 341, 342, 294(b), 323, 302, 506(ii) and r/w Section 149 I.P.C, in Crime No.388 of 2010, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that after investigation, the respondent has filed final report before the learned IV Additional District Judge, Tirunelveli and the same was taken on file in S.C.No.255 of 2012. During the trial, he could not appear before the trial court. Hence, lower court had issued Non Bailable Warrant against the petitioner.

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. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned IV Additional District Judge, Tirunelveli, 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/- 13/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE IV ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

2 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to MR.R.ANAND Advocate SR.No.23448 PS/JC/SAR-3/19.12.2018/2P/5C

ORDER

IN CRL OP(MD) No.22070 of 2018 Date :13/12/2018 https://hcservices.ecourts.gov.in/hcservices/