Madras High CourtCRL OP(MD)/14592/2024disposed of

Selvi @ Mariyaselvi v. The Inspector Of Police

2024-09-04Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Selvi @ Mariyaselvi ... Petitioner/Accused No.4 Vs The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

(Crime No.223 of 2010) ... Respondent/Complainant For Petitioner :

Mr.S.C.Herold Singh, Advocate.

For Respondent :

Mr.A.Albert James Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.223 of 2010 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Section 174 altered into Sections 147, 306 and 149 of IPC, in Crime No.223 of 2010, seeks anticipatory bail. 1/3

2. Even though, this petition is filed for anticipatory bail, it can be seen that earlier, the petitioner has been released on anticipatory bail and only because the petitioner did not appear before the trial Court for the hearing, Non-bailable Warrant was issued. Therefore, again the petitioner's case cannot be considered for anticipatory bail. The petitioner has to file appropriate application to recall the Nonbailable warrant.

3. Considering the argument made by the learned Counsel for the petitioner that only because the petitioner happened to go abroad on account of her avocation, she did not attend the Court, I am inclined to direct the trial Court to take up the application for re-call of the warrant on the same day, as and when the petitioner surrender and files appropriate application to recall the Non-bailable warrant.

4. Accordingly, this Criminal Original Petition is disposed of. sd/- 04/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 2/3

To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District.

2.Do through the Chief Judicial Magistrate, Kanniyakumari District at Nagercoil.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-10958[I] dated 06/09/2024 )

ORDER

IN CRL OP(MD) No.14592 of 2024 Date :04/09/2024 ED/ SG /SAR- (24/09/2024) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3