S.Valliyappan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14459 of 2018 S.VALLIYAPPAN ... PETITIONER / ACCUSED-1 Vs STATE REP.BY THE INSPECTOR OF POLICE, VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME.NO.21/2015) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.RAJESHWARAN Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor 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 punishable under Sections 294(b), 324, 506 (ii) of I.P.C. read with Section 4 of T.N.P.H.W.Act, 1997 read with 34 of I.P.C., in Crime No.21 of 2015, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that on 09.08.2018, due to the viral fever, the petitioner was not able to appear before the learned Judicial Magistrate, Devakottai in respect of the case in C.C.No.33 of 2016 and hence, non bailable warrant has been issued against the petitioner.

He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. 3.Heard the learned Additional Public Prosecutor appearing for the respondent.

4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate. Devakottai, within a period of 2 weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.

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5.This criminal original petition is disposed of accordingly. sd/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ARUL TO THE JUDICIAL MAGISTRAGE, DEVAKOTTAI.

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE, VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.K.RAJESHWARAN Advocate SR.No.15613 PS/JC/SAR-1:20/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14459 of 2018 Date :14/08/2018 https://hcservices.ecourts.gov.in/hcservices/