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Madras High CourtCRL OP(MD)/18198/2023dismissed

Umar @ Umar Mukthar v. The Inspector Of Police

2023-10-11Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Umar @ Umar Mukthar ... Petitioner/Accused 1 Vs The State rep.by The Inspector of Police, Madukkur Police Station, Thanjavur District.

Cr.No.239 of 2017 ... Respondent/Complainant For Petitioner : Mr.T.SATHIYANATHAN, Advocate For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.239 of 2017 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 offences punishable under Sections 147, 148, 324, 302, 120-B, 109, 149 and 341 of IPC in Crime No.239 of 2017 on the file of the respondent police, seeks anticipatory bail. 1/3

2.The case of the prosecution is that on 30.10.2017, the accused persons, due to previous enmity attacked one Maideen with an axe repeatedly. Due to the attack, the said Maideen was died. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that now, investigation has been completed and charge sheet also filed in PRC.No.30 of 2018. Due to absence of the petitioner, the trial Court issued non-bailable warrant. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner was arrested and released on bail on 18.10.2018. Since the petitioner was not appeared before the trial Court, NBW came to be issued on 21.02.2020. Now, the petitioner filed this petition by suppressing the above said fact.

5.In view of the above, this Court finds no merits in this petition. Accordingly, this criminal original petition is dismissed. sd/- 11/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS 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-15188[I] dated 13/10/2023 )

ORDER

IN CRL OP(MD) No.18198 of 2023 Date :11/10/2023 SA/JGB/SAR. /07.11.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3