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Madras High CourtCRL OP(MD)/12231/2022dismissed

Ajmal v. The Inspector Of Police

2022-07-07Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12231 of 2022 Ajmal ... Petitioner/Accused No.3 Vs State rep.by The Inspector of Police, Thirupathur Town Police Station, Sivagangai District.

(Crime No.19 of 2016).

... Respondent/Complainant For Petitioner : M/s.Sathya Chidambaram S, 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 Crime No.19 of 2016 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3 apprehending arrest at the hands of the respondent police for the offences punishable under sections 489 (B) of I.P.C., in Crime No.19 of 2016 on the file of the respondent police, seeks anticipatory bail.

2.The petitioner is facing trail before the District sessions Court, Sivagangai, in S.C.No.163 of 2018. When he was absent on 16.11.2018, Non Bailable Warrant has been issued against him and even since, the warrant is pending execution. 3.The learned counsel for the petitioner submitted that the petitioner is ready to appear before the Court and seeking a direction to the trial Court to recall the warrant on the same day itself. Such a direction cannot be issued by this Court. The https://www.mhc.tn.gov.in/judis

petitioner has to surrender before the trial Court with an application seeking recall the warrant. It is for the trial Court to consider the same on merits.

4.With the above liberty, this criminal original petition is dismissed.

Sd/- 07/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, THIRUPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12231 of 2022 Date :07/07/2022 SP/SVR/SAR II/18/07/2022/2P/3C https://www.mhc.tn.gov.in/judis