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Madras High CourtCRL OP(MD)/18666/2023disposed of

Arunachalam v. The Deputy Superintendent Of Police

2023-11-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.18666 of 2023 Arunachalam ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police Colachel Division Kanyakumari District.

2.The Inspector of Police Kollencode Police Station Kanyakumari District.

Crime No.43/2012

...Respondents No.1 and 2/

Complainants 3.A.Hariharan

...Respondent No.3/Defacto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate No.2, Kuzhithurai, to consider the bail application on the same day of surreder of the petitioner in PRC No.29 of 2016 on the file of the learned Judicial Magistrate No.2, Kuzhithurai.

For Petitioner : Mr.S.Sivakumar For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

O R D E R This Criminal Original Petition is filed to direct the learned Judicial Magistrate No.2, Kuzhithurai, to consider the bail application on the same day of surreder of the petitioner in PRC No.29/2016 on the file of the learned Judicial Magistrate No.2, Kuzhithurai. 2.The learned Government Advocate (Crl.side) would submit that during the course of investigation, this petitioner was absconding. This cannot be accepted, since he is working as Constable in Kanyakumari District. At that time of filing the Final Report, he is shown as absconding accused, which ought not to have been done.

3. However, report was called for from the concerned trial Court. The report is received, stating that because of non appearance of this petitioner, warrant was issued.

4. The warrant ought not to have been issued at the first instance. Now the committal process is under way. Let the petitioner appear before the committal Court, set out the facts and circumstances and execute bond under Section 88 of Cr.P.C. to the satisfaction and as required by the trial Court. The committal Court shall accept the bond be executed by 2/4

the petitioner, since he has not going to abscond, owing to his job nature. Even though specific direction cannot issue to the committal Court to act in a particular manner, considering the above said circumstances, this direction is issued.

5. With the above said directions, this Criminal Original Petition is disposed of.

30.11.2023 Index : Yes/No Internet : Yes/No Indu To 1.The learned Judicial Magistrate No.2, Kuzhithurai.

2.The Deputy Superintendent of Police Colachel Division Kanyakumari District.

3.The Inspector of Police Kollencode Police Station Kanyakumari District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.18666 of 2023 30.11.2023 4/4