L.Sri Kanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.07.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.13287 of 2022 L.Sri Kanth ... Petitioner/Accused No.1 Vs State through The Inspector of Police, PEW, Kamudi Police Station, Ramanathapuram District.

(Crime No.986 of 2016) ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in C.C.No.33 of 2017 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District, in Crime No.986 of 2016 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1 is facing a case for the offences punishable under Sections 120(b), 465, 468 and 471 IPC, in C.C.No.33 of 2017 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District, in Crime No.986 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.11.2016 at about 21.15 hours, the respondent police recovered 3000 numbers of MC Dowell Brandy labels from the petitioner and the other accused. Hence, the complaint.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that since the petitioner remained absconding, absconding charge sheet was filed showing the petitioner as absconding accused and the case was taken on file in C.C.No.33 of 2017 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District, and that the learned Judicial Magistrate has issued summons for the appearance of the present petitioner.

4. The learned counsel for the petitioner would submit that the in pursuance of the summons issued, the petitioner is appearing regularly before the concerned Court.

5. Since the learned Magistrate has issued summons for the appearance of the petitioner and in pursuance of the same, the petitioner has been appearing before the concerned Court, the question of granting anticipatory bail does not arise at all.

6. In the result, this Criminal Original Petition is dismissed. Sd/- 22/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PEW, KAMUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.13287 of 2022 Date :22/07/2022 SP/SVR/SAR III/27/07/2022/3P/5C