Madras High CourtCRL OP(MD)/8956/2016disposed of

Subash v. The Inspector Of Police

2016-06-09Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8956 of 2016 SUBASH ... PETITIONER/ACCUSED NO.2 Vs THE STATE OF TAMILNADU, REP BY THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.706/2012) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S, R.RUSSEL RAJ, Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(i) of IPC, in C.C.No.345 of 2013, on the file of the learned Judicial Magistrate, Eraniel, seeks anticipatory bail.

2. It is submitted by the learned counsel for the petitioner that due to the absence of the petitioner, non bailable warrant was issued against the petitioner by the learned Judicial Magistrate, Eraniel.

3. The learned Government Advocate (Crl. Side) submitted that due to absence of the petitioner for hearing, non bailable warrant was issued against the petitioner and the petitioner may be directed https://hcservices.ecourts.gov.in/hcservices/ to approach the Court for recalling the warrant.

4. Considering the fact that Non-Bailable Warrant was issued against the petitioner for his absence, there shall be a direction to the petitioner to surrender before the learned Judicial Magistrate, Eraniel, and to file a petition for recalling the warrant and the learned Judicial Magistrate, Eraniel, is directed to consider the same on the same day and pass orders on merits and in accordance with law.

5. Accordingly, this petition is disposed of. sd/- 09/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ERANIEL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S R.RUSSEL RAJ Advocate SR.No.29602 RL/6C/2P/SK/SKN/SARII/14/6/2016

ORDER

IN CRL OP(MD) No.8956 of 2016 Date :09/06/2016 https://hcservices.ecourts.gov.in/hcservices/