← Library
Madras High CourtCRL OP(MD)/15674/2018ordered

Mrs.Garima Chhabra, v. The Inspector Of Police,

2018-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15674 of 2018 GARIMA CHHABRA ... PETITIONER/ ACCUSED No.3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION, MADURAI.

Crime No.90/2009 ... RESPONDENT For Petitioner : Mr.T.ANTONY ARUL RAJ Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 468 r/w 120(b) of I.P.C, in Crime No.90 of 2009, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner would submit that at the time of filing the charge sheet in Crime No.90 of 2009 on the file of the respondent police, the petitioner was shown as absconding accused and hence, the learned Judicial Magistrate has taken cognizance as C.C.No.161 of 2012 and issued non bailable warrant against the petitioner herein. He would further submit that since the petitioner was not aware of the inclusion of her name as accused, she was unable to appear before the concerned Court and hence, the said absence is neither willfully nor wantonly and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Thirumangalam, Madurai 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 absconding charge sheet issued against her. The https://hcservices.ecourts.gov.in/hcservices/

concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

4.Accordingly, the Criminal Original Petition is disposed of. sd/- 03/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION, MADURAI.

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

+1. CC to Mr.T.ANTONY ARUL RAJ Advocate SR.No.16727

ORDER

IN CRL OP(MD) No.15674 of 2018 Date :03/09/2018 TK/VR-MMS/SAR.2/06.09.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/