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Madras High CourtCRL OP(MD)/9636/2022dismissed

Wilson v. The Inspector Of Police

2022-05-25Honourable Mr Justice P. Velmurugan2 pages

CRL OP(MD) No.9636 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD) No.9636 of 2022 Wilson ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Kollemcode Police Station, Kanyakumari District.

Crime No.160/2022.

... Respondent/Complainant For Petitioner : Mr.S.SIVAKUMAR, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.160/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- When the matter was taken up for hearing on 25.05.2022, this Court dismissed the anticipatory bail application filed by the petitioner and directed the respondent police to arrest the petitioner and produce him before this Court on 26.05.2022 and list the matter under the caption 'For reporting compliance'.

2. When the matter is taken up for hearing today (26.05.2022), the Station Housing Officer of the concerned Station appeared before this Court and stated that the accused persons are absconding.

3. It is shock and surprise to note that the petitioner/accused has approached the counsel and gave instructions to file anticipatory bail and he has also stated that he is ready to abide by any conditions imposed by this Court. That be the situation, how the respondent police are stating that the accused person is absconding. Therefore, it clearly shows that without the knowledge of the respondent police, the petitioner cannot move freely and he cannot approach the counsel to give instructions to move the bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.9636 of 2022 application. It clearly shows the inaction of the respondent police in arresting the petitioner/ accused, which is highly deprecated. 4.Hence, the Superintendent of Police of concerned District, is directed to look into the matter and take steps to arrest the petitioner and produce him before the concerned Court. sd/- 26/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II KUZHITHURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL..

3 THE INSPECTOR OF POLICE, KOLLEMCODE POLICE STATION, KANYAKUMARI DISTRICT.

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

COPY TO:

THE SUPERINTENDENT OF POLICE KANNIYAKUMARI DISTRICT.

+1. CC to M/S.SIVAKUMAR S Advocate SR.No.5059

ORDER

IN CRL OP(MD) No.9636 of 2022 Date :26/05/2022 SA/VR/SAR.4/27.05.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2