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Madras High CourtCRL OP(MD)/21180/2018granted

Brinco Stanly v. The Inspector Of Police

2018-11-29Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21180 of 2018 BRINCO STANLY ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE, PUDUKKADAI POLICE STATION, KANYAKUMARI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SIVAKUMAR 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 petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 147, 148, 341, 294(b), 323, 324, 506(i), 506(2) IPC, in Crime No.244 of 2005, seek anticipatory bail.

2.The petitioners were absent during the trial in C.C.No.197 of 2005 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. Therefore, Non-Bailable Warrant came to be issued on 29.11.2017.

3.The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

4.Considering the undertaking given by the petitioners, the petitioners are directed to appear before the learned Judicial Magistrate No.II, Kuzhithurai within a period of two weeks from the date of receipt of a copy of this order and to file a petition to https://hcservices.ecourts.gov.in/hcservices/ 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.Accordingly, the Criminal Original Petition is disposed of. sd/- 29/11/2018 / 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. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL

3. THE INSPECTOR OF POLICE PUDUKKADAI POLICE STATION, KANYAKUMARI DISTRICT

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

+1. CC to MR.S.SIVAKUMAR Advocate SR.No.22341

ORDER

IN CRL OP(MD) No.21180 of 2018 Date :29/11/2018 RMI MK/VR MMS/SAR 2/05.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/