J.Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN J.Raja ... Petitioner/Sole Accused Vs 1.State of Tamil Nadu, Rep.by The Inspector of Police, Batlagundu Police Station, Nilakkottai Taluk, Dindigul District.
... Respondent 2.State of Karnataka, Rep.by The Officer Incharge of Police Station, Sankeshwar Police Station, Belagavi District.
Karnataka.
Cr.No. 173 of 2011. ... Complainant/Respondent For Petitioner : M/s.Anandan K, Advocate.
For Respondent : Mr.S.Manikandan, No.1 Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To grant an Inter-state Anticipatory bail in connection with the pending Non Baialable Warrant and proclamation in CC.No.28 of 2012 before the Civil Judge and JMFC at Sankeshwar,Belagavi District,Karnataka State in Cr.No.173/2011.
ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 279, 337, 338 and 304(a) of IPC and Non Bailable Warrant and Proclamation issued against the petitioner and pending from 26.05.2015, 29.05.2018 respectively by learned Civil Judge and JMFC, Sankeshwar, Belagavi District, Karnataka, seeks anticipatory bail. 1/3
2.The case of the prosecution is that the petitioner is a truck driver of Surya Rig Service Thiruchengodu. On 10.08.2011 at about 10.30 p.m. returned from Chikkodi to Thiruchdngodu neat at Boragall Village limit he drove fast and negligently as to endanger human life and drove inside the roadside groove and upset the truck and the labours who sat in the truck grievously hut, injured and one person namely Vinay, died on the spot. The second respondent police got a complaint from the Manager of the said Surya Rig Service and registered a case in Crime No.173 of 2011 and framed charges against the petitioner in C.C.No.28 of 2012 by the learned Civil Judge and JMFC at Sankeshwar, Belagavi District, Karnataka State and issued Non Bailable Warrant against the petitioner on 26.05.2015 and also made proclamation on and from 29.05.2018.
3.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is proclaimed offender and proceedings has been initiated under Section 82 Cr.P.C. and warrant has also been issued against him. So grant of interstate anticipatory bail does not arise.
4.Since the petitioner is proclaimed offender as per the proceedings of the concerned Magistrate Court, he has to approach the concerned Court for appropriate relief or remedy as the case may be. Grant of interstate anticipatory bail does not arise. The matter is of the year 2012. I find no merit in this case. This petition deserves to be dismissed.
5.Accordingly, this Criminal Original Petition is dismissed with the above directions.
sd/- 07/12/2021 / TRUE COPY / / /2021 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.
2/3
TO 1.The Inspector of Police, Batlagundu Police Station, Nilakkottai Taluk, Dindigul District, Tamil Nadu.
2.The Officer Incharge of Police Station, Sankeshwar Police Station, Belagavi District, Karnataka.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18781 of 2021 Date :07/12/2021 RS/PN/SAR3(15.12.2021) 3P-4C 3/3