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Madras High CourtCRL OP(MD)/19144/2019allowed

Ganesan v. The Inspector Of Police

2019-12-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19144 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19144 of 2019 1.Ganesan 2.Gopalakrishnan ... Petitioners/Accused No.6 and 7 Vs The State rep.by The Inspector of Police, Anna Nagar Police Station, Madurai City.

Crime No.796 of 2001. ... Respondent/Complainant For Petitioners : M/s.M.Lingadurai, 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.796 of 2001 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 353, 332 and 3(1) TNPPDL Act, in Crime No.796 of 2001 on the file of the respondent police, seek anticipatory bail.

3. The petitioners are facing trial in S.C.No.335 of 2000 on the file of the IV Additional District and Sessions Judge, Madurai for the offences under Sections 147, 353, 332 and 3(1) TNPPDL Act. They did not attend the hearing on 19.03.2018, leading to issuance of non bailable warrant.

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CRL OP(MD). No.19144 of 2019

4. The petitioners 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 petitioners' absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioners will be remanded to custody.

5. Recording the said undertaking given by the petitioners through their counsel, the petitioners are directed to appear before the Court below on he next hearing date and apply for recall of warrant. On such application is 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.

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

sd/- 19/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE IV ADDITONAL DISTRICT AND SESSIONS JUDGE, MADURAI. 2.THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.M.LINGADURAI Advocate SR.No.22337

ORDER

IN CRL OP(MD) No.19144 of 2019 Date :19/12/2019 pnn TK/JC/SAR.1/03.01.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2