Madras High CourtCRL OP(MD)/9650/2022dismissed

Subbaiyan v. The Inspector Of Police

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

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.9650 of 2022

1. SUBBAIYAN

2. BANU @ AMMASI BANU ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME.NO.41/2022) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.SENTHILKUMAR.R, Advocate For Respondent : M/S.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

For Anticipatory Bail in Crime No.41 of 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 petitioners and directed the respondent police to arrest the petitioners and produce them 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. https://hcservices.ecourts.gov.in/hcservices/

3. It is shock and surprise to note that all the petitioners/accused have approached the counsel and gave

instructions to file anticipatory bail and they have also stated that they are ready to abide by any condition imposed by this Court. That be the situation, how the respondent police are stating that all the accused persons are absconding. Therefore, it clearly shows that without the knowledge of the respondent police, the petitioners cannot move freely and they cannot approach the counsel to give instructions to move the bail application. It clearly shows the inaction of the respondent police in arresting the petitioners/ 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 petitioners and produce them before the concerned Court. Sd/- 26/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV/LM TO

1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2. -DO- THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9650 of 2022 Date :26/05/2022 https://hcservices.ecourts.gov.in/hcservices/ SP/VR/SAR IV/27/05/2022/2P/6C