Madras High CourtCRL OP(MD)/15744/2020ordered

Govindha Raj v. The Inspector Of Police

2020-12-23Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.15744 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.15744 of 2020 Govindha Raj ... Petitioner/Accused Rank Not Known Vs The State Rep.by its., The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

(Crime No.73/2012). ... Respondent/Complainant For Petitioner : M/s.M.S.Jeyakarthik, Advocate.

For Respondent : M/s.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C ORDER : The Court made the following order :- The petitioner, who is an accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 149, 302 r/w 364 of IPC in Cr.No.73 of 2020, which is now pending in P.R.C.No.71 of 2019, on the file of the learned Judicial Magistrate, Paramakudi and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) for the respondent police.

3. The learned Government Advocate (criminal side) appearing for the respondent on instructions submitted that due to absence of the petitioner on 29.07.2015, non-bailable warrant was issued against the petitioner by the trial Court. He further submitted that the case is pending before the Court concerned without any progress because of the pendency of non-bailable warrant against the petitioner.

4. Considering the fact that non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the learned Judicial Magistrate, Paramakudi and to file a petition for recalling the warrant, within 10 days from the date on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15744 of 2020 which the order copy made ready and the concerned Court is directed to accept the surrender of the petitioner and consider the petition to be submitted by the petitioner for recalling the warrant, on the same day of his surrender, on merits and in accordance with law.

5. It is made clear that the learned Judicial Magistrate, Paramakudi is directed to consider the gravity of the offence and also the reason for his absence for the past several years and pass orders.

6. Accordingly, this petition is disposed of. sd/- 23/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3.THE INSPECTOR OF POLICE, NAINAR KOVIL POICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.8564

ORDER

IN CRL OP(MD) No.15744 of 2020 Date :23/12/2020 AM PK/KV/SAR-II/31.12.2020 :2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2