CRL OP(MD)/23890/2016 of MATHI @ MATHIVANAN Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT

The Hon`ble Mr Justice R.MAHADEVAN

MATHI @ MATHIVANAN ... PETITIONERS / SOLE ACCUSED

Vs

STATE,

REPRESENTED BY INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI DISTRICT, CR.NO.934/2010 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : Mr.P.KANDASAMY Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.934 of2010 on the file of the respondent police, apprehends arrest at thehands of the respondent police for the alleged offences punishableunder Sections 341, 392 r/w 397, 506(ii) of I.P.C, which is nowpending in S.C.No.70 of 2012 on the file of the learned V AdditionalSessions Judge, Madurai, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learnedGovernment Advocate(Crl. Side) for the respondent/State.

3. The learned Government Advocate(Crl. Side) on instructionssubmitted that due to absence of the petitioner, non-bailablewarrant was issued against the petitioner by the trial Court on02.04.2016. He further submitted that the case is pending beforethe Court concerned without any progress because of the pendency ofNon-bailable warrant, against the petitioner.

4. Considering the fact that non-bailable warrant was issuedagainst the petitioner for his absence, there shall be a direction,directing the petitioner to surrender before the learned VAdditional Sessions Judge, Madurai and to file a petition forrecalling the warrant within 10 days from the date on which thehttps://hcservices.ecourts.gov.in/hcservices/order copy made ready and the learned Magistrate, is directed toconsider the same on the same day and pass orders on merits in accordance with law.

5. Accordingly, this petition is disposed of.

sd/- 29/12/2016 / TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE V ADDITIONAL SESSIONS JUDGMADURAI

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

3 THE INSPECTOR OF POLICETHIDEER NAGAR POLICE STATION, MADURAI DISTRICT

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.83700

JAM/30.12.16/SKN/SAR 1/2p-5c