Madras High CourtCRL OP(MD)/22240/2018disposed of

Kavikumar v. The Inspector Of Police

2018-12-17Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22240 of 2018 KAVIKUMAR ... PETITIONER / ACCUSED No. 4 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

(CRIME NO. 110 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.SARAVANAN Advocate For Respondent : MR.S.CHANDRASEKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506(i) r/w 109 of I.P.C and Section 4 of Tamil Nadu Women Harassment Act in Crime No.110 of 2015, which is now pending in C.C.No.61 of 2018 on the file of the learned Judicial Magistrate, Vadipatti, seeks anticipatory bail.

2.The learned counsel for the petitioner would submit that after investigation, the respondent has filed final report before the learned Judicial Magistrate, Vadipatti and the same was taken on file in C.C.No.61 of 2018. Non-Bailable warrant was issued against the petitioner for his non-appearance before the trial Court on 17.07.2018. The said non-appearance is neither willful nor wanton. But, due to the reason beyond his control, he could not appear before the trial Court on the said date.

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.

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4. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Vadipatti, Madurai District, within a period of two weeks from the date of receipt of a copy of this order and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

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

sd/- 17/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VADIPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.N.SARAVANAN Advocate SR.No. 23449

ORDER

IN CRL OP(MD) No.22240 of 2018 Date :17/12/2018 MSI/JC/SAR-I/25.12.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/