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Madras High CourtCRL OP(MD)/22222/2023dismissed

M.Krishnaraj v. The Inspector Of Police

2023-12-08Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 08.12.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM M.Krishnaraj ... Petitioner/Accused No.1 Vs The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

(in Crime No.127/2012) ... Respondent/Complainant For Petitioner : Mr.S.Krishnan, Advocate For Respondent : Mr.RMS.Sethu Raman Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Bail in Crime No.127 of 2012 on the file of the Respondent Police. 1/3

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.11.2023 for the alleged offence punishable under Sections 341, 294(b), 323 and 325 of IPC in Crime No.127 of 2012, on the file of the respondent police, seeks bail. 2.Originally, the peti1tioner was arrested 03.03.2012 and he was released on bail in connection with the Cr.No.127 of 2012. Thereafter, final report was filed and it was taken cognizance in C.C.No.203 of 2013 by the learned Judicial Magistrate, Eraniel. However, the petitioner has not appeared before the Trial Court, due to which, the trial could not be conducted. In the meanwhile, without getting prior permission from the Court concerned, he went to abroad. Hence, NBW was issued and thereafter, look notice was also issued. Thereafter, on returning to India, the petitioner was arrested on 03.11.2023.

3.Considering facts and circumstances of the case and also the fact that without getting prior permission from the Court concerned, the petitioner went to abroad and did not appear before the trial Court, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed with a direction to the learned Judicial Magistrate, Eraniel, to complete the trial proceedings in C.C.No.203 2/3

of 2013 within a period of two months from the date of receipt of a copy of this order.

sd/- 08/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.22222 of 2023 Date :08/12/2023 SS/JGB/SAR- /27/12/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3