Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9810 of 2016 1 SANKAR ... PETITIONERS/ACCUSED NO.3 Vs THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

CRIME NO. 590 OF 2008 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.BALA MURUGANANTHAM Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.3, who was arrested and remanded to judicial custody on 02.06.2016 for the alleged offences punishable under Sections 147, 341, 294(b) I.P.C. and Section 3 of TNPPDL Act, in Crime No.590 of 2008, on the file of the respondent police and hence, seek bail.

2.The learned counsel for the petitioner submitted that due nonappearance before the learned Judicial Magistrate, Manamadurai on 15.12.2014, non-bailable warrant was issued against him and thereafter he was arrested and remanded to judicial custody. He had no knowledge about the hearing date and due to that he is unable to attend the Court on the said date and he is in judicial custody from 02.06.2016 and prayed for enlarge the petitioner on bail.

3.The learned Government Advocate(Crl.side) submitted that charge sheet has been filed and taken on file in P.R.C.No.82 of 2008 on the file of the learned Judicial Magistrate, Manamadurai and the petitioner was already granted bail and subsequently he jumped out of bail and he was absconding and due to his non-appearance before the learned Judicial Magistrate, Manamadurai, on 15.12.2014, non-bailable warrant has been issued against him and thereafter he was secured only on 02.06.2016 and if he is released on bail, he will abscond and he will not co-operate with the trial.

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4.Considering the facts and circumstances of the case and also considering the fact that the petitioner was already enlarged on bail and due to non-appearance before the Court on 15.12.2014, non-bailable warrant was issued against him on 15.12.2014 and he was secured only on 02.06.2016, this Court is not inclined to enlarge the petitioner on bail and accordingly this petition is dismissed.

sd/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

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

5 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. +1. CC to M/S R.BALA MURUGANANTHAM Advocate SR.No.32387

ORDER

IN CRL OP(MD) No.9810 of 2016 Date :22/06/2016 SDR/GSV-PM/SAR II/23.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/