Madras High CourtCRL OP(MD)/10978/2022disposed of

K.Rajiv v. The Inspector Of Police

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

CRL OP(MD). No.10978 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.10978 of 2022

1. K.Rajiv

2. K.Ramprasad @ Ram ... Petitioners/Accused No.1 & 2 Accused No.1 & 2 Vs The State rep.by The Inspector of Police, Courtallam Police Station, Courtallam, Tenkasi District.

Cr.No.400/2020.

... Respondent/Complainant For Petitioner : M/s.LAWRENCE.J, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.400/2020 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 341, 294(b), 506(i), 294(a) and 355 of IPC IPC in connection with Non-Bailable Warrant issued in S.T.C.No.1310 of 2021, on the file of the learned District Munsif cum Judicial Magistrate, Shenkottai, in Crime No.400 of 2020, seeks anticipatory bail.

2.Because of the non appearance of the petitioner NBW was issued against the petitioners on 13.06.2022 and adjourned the case to 04.07.2022.

3.The learned counsel for the petitioners would submit that during the course of investigation, they filed anticipatory bail petition before this Court and the same was granted to them. After completing the investigation, final report was filed. Even without issuing summons, warrant has been issued by the concerned Trial Court. On that ground, he seeks anticipatory bail to the petitioners.

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CRL OP(MD). No.10978 of 2022 4.It is seen that when the accused was already released on bail, the question of second anticipatory bail does not arise. If erroneously warrant has been issued by the Trial Court, the petitioners may work out their remedy before the concerned Court by setting out the facts and circumstances.

5.With the above said liberty, this Criminal Original Petition is dismissed.

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

TO 1 THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, COURTALLAM, TENKASI DISTRICT.

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

+1. CC to M/S.LAWRENCE.J., Advocate SR.No.5870

ORDER

IN CRL OP(MD) No.10978 of 2022 Date :21/06/2022 SA/JM/SAR.3/24.06.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2