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Madras High CourtCRL OP(MD)/19023/2019disposed of

D. Janakiram v. The Inspector Of Police

2019-12-18Honourable Mr Justice G.R.Swaminathan2 pages

(C.C.No.140/2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.19023 and 19024 of 2019 D. Janakiram, ... Petitioner/Accused in both Crl.O.Ps Vs The State of Tamil Nadu Rep.by its Inspector of Police, Karaikudi North Police Station, Sivagangai District. ... Respondent/Complainant in both Crl.O.Ps. (C.C.No.140/2018) ... in CRL OP(MD)No.19023 of 2019 (C.C.No.263 of 2017). ... in CRL OP(MD)No.19024 of 2019 (in both Crl.O.Ps.) For Petitioner : Mr. R. Velmurugan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in C.C.No.140/2018 and C.C.No.263 of 2017 on the file of the Judicial Magistrate Court, (Fast Track), Karaikudi.

COMMON 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 facing trial in C.C.No.140 of 2018 and C.C.No.263 of 2017 on the file of the Judicial Magistrate, Karaikudi, Sivagangai District, for the offence under Section 138 of the Negotiable Instruments Act.

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(C.C.No.140/2018 3.The petitioner's counsel states that on account of his absence on a particular date, non bailable warrant came to be issued against him.

4.The petitioner undertakes to appear before the Court below on the next hearing date and apply for recall of warrant. The petitioner gives a further undertaking that he will attend in all the future hearings without any default and if he is absent, his counsel will represent him by filing a petition under Section 317 of Cr.P.C. On account of his absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

5. Recording the said undertaking, the petitioner is directed to appear before the Court below on the next hearing date and apply for recall of warrant. On such application being filed, the Court below shall recall the warrant on the same day. Non Bailable Warrant shall be kept in abeyance till then.

6. These Criminal Original petitions stand disposed of, on these terms.

sd/- 18/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,(FAST TRACK), KARAIKUDI, SIVAGANGAI DISTRICT.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+2 CC to M/s.R.VELMURUGAN, Advocate ( SR-22159,22160[I] dated 19/12/2019 )

ORDER

IN CRL OP(MD) Nos.19023 & 19024 of 2019 Date :18/12/2019 rmi AE/VR/SAR-III (30.12.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2