Madras High CourtCRL OP(MD)/23149/2024disposed of

K. Marudhu @ Marudhupandian v. The State Of Tamilnadu

2025-01-08Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH K. Marudhu @ Marudhupandian, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Keerathurai (L and O) Police Station, Madurai City.

Crime No. 514/2011..

... Respondent/Complainant For Petitioner : Mr.Manimaran. Na, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- To enlarge the petitioner on bail in the event of their arrest by the respondent police for the petitioner/Accused No.1 in Crime No. 514/2011 in PRC No. 65/2018 in Judicial Magistrate No.IV, thus render justice. 1/4

ORDER : The Court made the following order :- The petitioner / Accused No.1, who apprehends arrest at the hands of the respondent Police for the offences under Sections 341, 294(b) and 307 of IPC in PRC No. 65/2018 on the file of the learned Judicial Magistrate No.IV, Madurai, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons restrained the defacto complainant and abused him in filthy language and he was also attacked with deadly weapons, as a result of which, the defacto complainant suffered serious injuries. The First Information Report was registered in Crime No.514 of 2011 and on completion of investigation, the Police report was filed before the learned Judicial Magistrate No.IV, Madurai and it was taken on file in P.R.C.No.60 of 2012 as against Accused Nos.1 to 4. Accused No.1 absconded from the case and non bailable warrant was issued and the case was split up and insofar as Accused No.1 is concerned, it was assigned as P.R.C.No.65 of 2018. Insofar as other accused persons are concerned, the case was committed and they underwent trial before the learned Assistant Sessions Judge, Madurai. The case ended in acquittal by judgment dated 16.03.2023.

3. The petitioner apprehended arrest due to the pending non bailable warrant 2/4

and hence, this anticipatory bail petition was filed. This Court called for a report from the learned Judicial Magistrate No.IV, Amadurai and the same has been received. It is stated in the report that the case in P.R.C.No.65 of 2018 is pending for execution of the non bailable warrant against the petitioner and the case is posted on 30.01.2025.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

5. Taking into consideration the facts and circumstances of the case, the petitioner is directed to surrender before the learned Judicial Magistrate No.IV, Madurai on 30.01.2025 and file an application for recall of warrant and the same shall be considered on its own merits and in accordance with law and orders shall be passed.

6. This Criminal Original Petition is disposed of with the above directions. sd/- 08/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG TO 1 THE JUDICIAL MAGISTRATE NO.IV MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KEERATHURAI (L AND O) POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.23149 of 2024 Date :08/01/2025 SS/SKN/SAR- /23/01/2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4