Satham Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Satham Hussain ... Petitioner/Accused No.3 Vs State represented by The Inspector of Police Madukkur Police Station, Thanjavur District.

(Crime No.239 of 2018) ... Respondent/Complainant For Petitioners :

M/s.B.Anandan, Advocate For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.239 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 324 and 506(ii) of IPC altered into Sections 147, 148, 324, 302, 120-B, 109, 149 and 341 of IPC, in P.R.C.No.6 of 2020 in Crime No.239 of 2018 on the file of the respondent police, seek anticipatory bail.

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2. Originally this petitioner along with accused Nos.6 and 8 filed Crl.O.P(MD) No.400 of 2018 in Crime No.239 of 2017, seeking bail and that petition was considered and bail was granted on 18.01.2018. After that, according to the learned Additional Public Prosecutor, the petitioner did not appear before the trial Court and the case was split up against the petitioner and committal process was completed against the co-accused and pending before the trial Court. Since warrant has been issued against the petitioner, in the committal stage of trial, this petition seeking anticipatory bail this petition came to be filed.

3. The learned counsel for the petitioner submitted that no summon was issued to him at the time of taken cognizance by the committal Court. The petitioner went to Kerala and could not know the date of hearing.

4. Already the petitioner was granted bail by this Court, there is no question of anticipatory bail. He has to surrender before the concerned Court and get the warrant recalled.

5. With this direction, this Criminal Original Petition stands dismissed. sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-11424[I] dated 28/07/2023 ) ORDER IN CRL OP(MD) No.13666 of 2023 Date :26/07/2023 RS/MMS/SAR-(07.08.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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