Court dismissed anticipatory bail petition under Section 438 Cr.P.C. directed petitioner to surrender within 10 days and file application to recall non-bailable warrant under Section 70(2) Cr.P.C. for disposal on merits.
Directed surrender within 10 days; directed Magistrate to hear recall of non-bailable warrant application on merits.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Twenty Second day of November Two Thousand Thirteen
PRESENT
The Hon`ble Mr.Justice R.KARUPPIAH
CRL OP(MD) No.21032 of 2013
S. ARULRAJA ... PETITIONER/SOLE ACCUSED
Vs
STATE REP BY
THE INSPECTOR OF POLICE TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT S.T.C.NO.193 OF 2013 ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.K.SIVABALAN Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offence under Section 138 of Negotiable Instruments Act of IPC in S.T.C.No.193 of 2013 on the file of the learned Judicial Magistrate, Devakottai, and hence, he has come forward with this petition seeking anticipatory bail.
2.Learned counsel for the petitioner submits that the petitioner apprehends arrest on the ground of issuance of Nonbailable Warrant. The learned counsel for the petitioner submitted that the delay is neither wilful nor wanton and due to his illness, he was not able to appear before the trial Court on the date of hearing and as such, Non-bailable Warrant was issued against the petitioner herein.
3.Heard the Learned Government Advocate (Crl.side) on the submissions made by the learned counsel for the petitioner. It is submitted by the learned Government Advocate that the Non-bailable Warrant is pending against the petitioner as the petitioner has not appeared before the trial Court on the date of hearing.
4.I have carefully considered the rival contentions put forward by either side and also perused the materials available on record.
5.Considering the facts and circumstances of the case and considering the fact that the petitioner has not appeared before the trial Court on the date of hearing and as such, Non-bailable Warrant was issued against the petitioner herein, this Court directs that the petitioner to surrender before the learned Judicial Magistrate, Devakottai, within a period of 10 days from the date of receipt of a copy of this order and he shall file a petition under Section 70(2) of Cr.P.C., for recalling the Non-bailable Warrant before the Judicial Magistrate, Devakottai, and in the event of filing such an application for recalling the warrant, the learned Judicial Magistrate, Devakottai, is directed to consider the same and pass orders on merits on the same day in accordance with law.
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO 1.THE JUDICIAL MAGISTRATE DEVAKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT +1. CC to M/S.K.SIVABALAN Advocate SR.No.57375 RL/6C – 27/11/2013
ORDER IN CRL OP(MD) No.21032 of 2013 Date :22/11/2013
2 issues framed by the court
Whether to grant anticipatory bail and direct surrender in view of a pending non-bailable warrant due to failure to appear in trial.
Whether to direct theMagistrate to recall the non-bailable warrant on merits after surrender.
3 provisions across 2 enactments
S. Arulraja
State Rep. by the Inspector of Police Taluk Police Station Devakottai
R.Karuppiiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
