Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13234 of 2018 BOSE ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PUDUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 124 OF 2009 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SIVAKUMAR Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences under Section 341, 294(b) and 506(ii) I.P.C. in Crime No.124 of 2009 and seeks anticipatory bail. 2.The petitioner is absent during the trial in C.C.No.75 of 2009 before the learned Judicial Magistrate No.2, Kuzhithurai. On account of his absence, Non-Bailable Warrant has been 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.If the petitioner fails to appear before the Court below for future hearings, he is entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order granting anticipatory bail shall stand cancelled.

5.Recording the above said undertaking given by the learned counsel appearing for the petitioner, the petitioner is permitted to appear before the trial Court on next hearing date and to file a https://hcservices.ecourts.gov.in/hcservices/

recall warrant petition. The concerned trial Judge is directed to recall the warrant on the same day.

6.Accordingly, the Criminal Original Petition stands allowed. sd/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICAL MAGISTRATE NO-2 KUZHITHURAI.

2 THE CHIEF JUDCIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

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

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

+1. CC to Mr.S.SIVAKUMAR Advocate SR.No.14248 PS/PN/SAR-4:03/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.13234 of 2018 Date :27/07/2018 https://hcservices.ecourts.gov.in/hcservices/