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Madras High CourtCRL OP(MD)/10252/2022disposed of

T. M.Suresh v. The Sub Inspector Of Police

2022-06-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD) No.10252 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.10252 of 2022 1.T.M.Suresh 2.T.Muthukrishnan ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Sub-Inspector of Police, All Women Police Station, Srirangam, Trichy-6, Trichy District.

(Crime No.04 of 2019) ... Respondent/Complainant For Petitioners : Mr.R.Sundar, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.4/2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest for the alleged offence under Sections 498(A), 406 and 506(ii) of IPC in connection with Non-Bailable Warrant issued in C.C.No.1496 of 2019, on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy, in Crime No.4 of 2019, seek anticipatory bail. 2.Since the petitioners failed to appear before the trial court for hearing on 26.04.2022, Non-bailable warrant was issued against them and further direction was given to the respondent police to register the FIR against the petitioners. Hence, they seek anticipatory bail.

3.The learned counsel for the petitioners submit that due to agricultural activities, the petitioners are unable to appear before the Court and the petitioners have also instructed their counsel to file an application to dispense with their appearance, but the counsel has failed to file such petition.

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CRL OP(MD) No.10252 of 2022 4.Since the warrant has been issued by the concerned Court due to non-appearance of the petitioners, they can appear before the concerned Court and workout the remedy through appropriate proceedings by setting out the facts and circumstances. The question of granting anticipatory bail may not arise, since they were already released on bail and only due to non-appearance, Non Bailable Warrant has been issued.

5.With the above said direction, this Criminal Original Petition is disposed of.

sd/- 21/06/2022 / TRUE COPY / /06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judicial Magistrate, Additional Mahila Court, Trichy.

2. Do Through The Chief Judicial Magistrate, Trichy District.

3. The Sub-Inspector of Police, All Women Police Station, Srirangam, Trichy-6, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.SUNDAR, Advocate ( SR-5989[I] dated 23/06/2022 )

ORDER

IN CRL OP(MD) No.10252 of 2022 Date :21/06/2022 RS/PN/SAR.1 (28.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2