Madras High CourtCRL OP(MD)/20350/2018closed

Mr. Surendran v. The Inspector Of Police

2018-11-14Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20350 of 2018 SURENDRAN ... PETITIONER /2nd ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

IN CRIME NO. 181 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : MR.B.RAJESH SARAVANAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / Accused No.2, who apprehends arrest at the hands of the respondent police in P.R.C.No.8 of 2015 on the file of the learned Judicial Magistrate No.II, Kuzhithurai, for the alleged offences punishable under Sections 294(b), 353, 307 and 379 IPC and Section 4 (1) (A) r/w Section 21 (1) of Mines and Minerals Regulation Act 1957, Section 36(A) of Mines and Minerals Concessions Rule, 1959 in Crime No.181 of 2013, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner states that due to un avoidable situation, the petitioner failed to make his appearance on 07.12.2017, before the concerned Court. He would further state that the petitioner was already released on bail in this case.

3.The learned Government Advocate (Crl.side) appearing for the respondent would submit on instructions that due to the absence of the petitioner on 07.12.2017, Non Bailable Warrant was issued against the petitioner and the same is pending. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the fact that non bailable warrant was issued against the petitioner for his absence, there shall be a direction, directing the petitioner to surrender before the learned Judicial Magistrate No.II, Kuzhithurai, within a period of 10 days from the date on which the order copy is made ready and to file a petition for recalling the warrant and the learned Judicial Magistrate, Kuzhithurai, is directed to consider the same on the same day and pass orders on merits and in accordance with law.

5. Accordingly, the Criminal Original Petition is closed . sd/- 14/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI.

2 THE JUDICIAL MAGISTRATE, KUZHITHURAI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI.

4 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.B.RAJESH SARAVANAN Advocate SR.No. 95263

ORDER

IN CRL OP(MD) No.20350 of 2018 Date :14/11/2018 JM/VR MMS/SAR 1/26.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/