V.Pandiarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 05.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.V.Pandiarajan 2.V.Muniyammal 3.V.Leelavathi ... Petitioners/Accused No's 1 to 3 Vs The State represented by The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai District.

... Respondent/Complainant For Petitioners : Mr.J.Jeyakumaran, Advocate For Respondent : M/s.B.Aasha Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.36 of 2017 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioner apprehends arrest pursuant to the Non Bailable warrant issued against the petitioners on 25.06.2019 by the learned Judicial Magistrate/Additional Mahila Court, Madurai.

2.The learned Counsel for the petitioners would submit that the petitioners are arrayed as A1 to A3 in C.C.No.36 of 2017 pending trial on the file of the learned Judicial Magistrate/Additional Mahila Court, Madurai. The petitioners have been regularly appearing before the Court concerned and that they were unable to appear before the Court concerned on 25.06.2019, thereby, the learned Judicial Magistrate/Additional Mahila Court, Madurai, had issued Non Bailable Warrant against the petitioners. He would submit that due to their illness, the petitioners were unable to appear before the Court concerned, and thereby, he would seek for anticipatory bail.

3.The learned Government Advocate (Crl.side) would submit that since the petitioners did not appear before the trial Court on 25.06.2019, the learned Judge had issued the NBW of arrest. He would also submit that the only option available to the petitioners is to surrender before the Court concerned and to file an application for recall of warrant.

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4.Considering the submissions made by the learned Counsel for the petitioners as well as the learned Government Advocate (Crl.side), the petitioners are directed to surrender before the Court concerned and file a petition seeking to recall Non Bailable Warrant and the learned Judicial Magistrate/Additional Mahila Court, Madurai, shall consider and pass appropriate orders on the same day taking into consideration the merits of the case.

5.With the above directions, this Criminal Original Petition is close. sd/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE JUDICIAL MAGISTRATE/ ADDITIONAL MAHILA JUDGE, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI.

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

ORDER

IN CRL OP(MD) No.17774 of 2023 Date :05/10/2023 SS/VRS/10/10/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4