Madras High CourtCRL OP(MD)/17692/2019disposed of

Arivu @ Arivalagan @ Arivuchudar v. The Inspector Of Police

2019-11-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.17692 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.17692 of 2019 Arivu @ Arivalagan @ Arivuchudar ... Petitioner/Accused No.7 Vs The State rep.by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.(Crime No.597/2013).

... Respondent/Complainant For Petitioner : M/s. R. Rajesh, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 597 of 2013 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is shown as accused No.7 in P.R.C.No.14 of 2014 on the file of the Judicial Magistrate, Devakottai, Sivagangai District. He was absent on 01.01.2019. Hence, Non Bailable Warrant came to be issued.

3. The petitioner through his counsel gives an undertaking that he will appear in all the future hearings without any default. If he is unable to appear, his counsel will represent him and file an application under Section 317 of Cr.P.C. On account of the petitioner's absence, trial will not be stalled. If this undertaking https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.17692 of 2019 is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

4. Recording the said undertaking given by the petitioner through his counsel, the petitioner is directed to appear before the Court below on 20.01.2020 and apply for recall of warrant. On such application being filed, the Court below shall recall the warrant at the end of the day. Non Bailable Warrant shall be kept in abeyance till then.

5. The petitioner shall remit a sum of Rs.10,000/- as costs to the District Legal Service Authority, Sivagangai.

6. The Criminal Original petition stands disposed of, on these terms.

sd/- 28/11/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R. RAJESH Advocate SR.No.103042 Copy to:

THE DISTRICT LEGAL SERVICE AUTHORITY, SIVAGANGAI.

ORDER

IN CRL OP(MD) No.17692 of 2019 Date :28/11/2019 SDS/JC/SAR-1 (09.12.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2