Veeraprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.05.2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD)No.8914 of 2023 Veeraprakash ... Petitioner/Sole Accused Vs The State Through The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District.

Cr.No.8/2016 ... Respondent/Complainant For Petitioner : Mr.K.Ramar, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.8 of 2016 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 in Spl.S.C.No.24 of 2016 on the file of the Mahila Court, Ramanathapuram for the offences punishable under Sections 363 and 366 IPC and Section 4 of the Protection of Child from Sexual Offences Act, 2012 in Crime No.8 of 2016, seeks anticipatory bail. 2.The petitioner was absent during the trial in Spl.S.C.No.24 of 2016 on the file of the Mahila Court, Ramanathapuram. Therefore, Non-Bailable Warrant came to be 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.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the Mahila Court, Ramanathapuram on the next hearing and to file a https://www.mhc.tn.gov.in/judis

petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On the filing of such petition, the 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 allowed. 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 favorably.

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDGE, MAHILA COURT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KAMUTHI, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.RAMAR K, Advocate ( SR-7642[I] dated 19/05/2023 )

ORDER

IN CRL OP(MD) No.8914 of 2023 Date :17/05/2023 SS/ /SAR /24/05/2023/2P/5C https://www.mhc.tn.gov.in/judis