Madras High CourtCRL OP(MD)/8034/2023disposed of

Hemanthkumar v. The Inspector Of Police

2023-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.8034 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8034 of 2023 Hemantkumar ... Petitioner/sole accused Vs., State rep., by The Inspector of Police, DCB Police Station, Pudukkottai District.

(crime No.01 of 2023).

... Respondent/Complainant For Petitioner : Mr.K.C.MANIYARASU, 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.01 of 2023 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, for the offences punishable under Sections 417 and 420 of IPC in Crime No.1 of 2023, seeks anticipatory bail. 2.Since the petitioner has not complied with the condition imposed by the learned Principal District and Sessions Judge, Pudukkottai, while he was granted interim bail, the learned District Judge directed the Judicial Magistrate No.II, to issue NBW against the petitioner by his order dated 12.04.2023. Accordingly, NonBailable Warrant came to be issued. 3.The learned counsel for the petitioner submitted that the petitioner shall deposit the imposed fine amount. 4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.

27,00,000/- to the credit of Crime No.1 of 2023 before the learned Principal District and Sessions Judge, Pudukkottai and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On the filing of such petition, the https://www.mhc.tn.gov.

CRL OP(MD). No.8034 of 2023 concerned learned Magistrate 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/- 27/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, DCB POLICE STATION, PUDUKKOTTAI DISTRICT.

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

COPY TO:

1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

ORDER

IN CRL OP(MD) No.8034 of 2023 Date :27/04/2023 SA/25.05.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2