Vinu v. The Inspector Of Police

CRL OP(MD). No.7476 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7476 of 2023 Vinu, ... Petitioner/Accused Vs The State rep.by The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

In Crime No.219/2010.

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

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.219 of 2010 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police in S.C.No.220 of 2015 on the file of the learned Additional District Judge, Kuzhithurai for the offences punishable under Sections 341,294(b),324,307,302 and 34 of IPC in Crime No.219 of 2010, seeks anticipatory bail.

2.The petitioner was absent during the trial in S.C.No.220 of 2015 on the file of the learned Additional District Judge, Kuzhithurai. Therefore, Non-Bailable Warrant came to be issued. 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 learned counsel for the petitioner, the petitioner is directed to appear before the learned Additional District Judge, Kuzhithurai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.7476 of 2023 already issued against him. On the filing of such petition, the concerned Sessions Judge is directed to consider the same on its own merits and in accordance with law and pass orders on the same day. 5.With the above direction, this Criminal Original Petition is disposed of.

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 21/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE ADDITIONAL DISTRICT JUDGE, KUZHITHURAI. 2 THE INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

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

COPY TO:

1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SIVAKUMAR Advocate SR.No.6375

ORDER

IN CRL OP(MD) No.7476 of 2023 Date :21/04/2023 SA/SSS/SAR.1/27.04.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2