Madras High CourtCRL OP(MD)/22948/2018granted

Babu Joyfred @ Babu Josfred v. The Inspector Of Police

2019-01-10Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22948 of 2018 BABU JOYFRED @ BABU JOSFRED ... PETITIONER / ACCUSED NO.7 Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHURAI, KANYAKUMARI DISTRICT.

CRIME NO.14/2011 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MUNIYANDI 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 offence punishable under Sections 498(A), 406 and 294(b) IPC and Section 4 and 6 of DP Act, in Crime No.14 of 2011, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that after investigation, the respondent has filed a final report before the learned Judicial Magistrate, Padmanabhapuram and the same was taken on file in C.C.No.54 of 2012. Thereafter, the petitioner was regularly appearing before the Court. Due to ill health, the petitioner could not able to appear before the Court. Hence, the lower court had issued Non Bailable Warrant against the petitioner.

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 petitioner, the petitioner is directed to appear before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Padmanabhapuram, 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/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHURAI, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.592

ORDER

IN CRL OP(MD) No.22948 of 2018 Date :10/01/2019 JM/JC/SAR 3/22.01.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/