Disposed

C.Nirmala v. the Inspector of Police

Madras HC6 Jun 2013CRL OP(MD)/9065/2013

Case brief

AI extract

What is this about?

The Madurai Bench refused anticipatory bail to the 17th accused in a cheating case where a non-bailable warrant was issued due to absence for a relative's funeral. The court directed the petitioner to surrender and file a warrant recall petition, leaving the matter to the Special Judge for disposal on merits.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender and file a warrant recall petition.

C.Nirmala Vs the Inspector of Police — Cheating and Forgery | Madras HC (2013)

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

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Thursday, the Sixth day of June Two Thousand Thirteen

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PRESENT

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The Hon`ble Ms.Justice R.MALA

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CRL OP(MD) No.9065 of 2013

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C.NIRMALA : PETITIONER/ACCUSED-17

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THE STATE REP.BY THE INSPECTOR OF POLICE E.O.W.II, KARUR. CR. NO. 4/2007

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: RESPONDENT/COMPLAINANT

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For Petitioner : M/S.R.MATHIYALAGAN Advocate

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For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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The petitioner is arrayed as an accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 406 read with 120(b) I.P.C., in C.C.No.86 of 2008 on the file of the learned Special Judge, TANPID Court, Madurai, and hence, seeks anticipatory bail.

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The learned counsel for the petitioner would submit that a case has been registered against the petitioner and others under Sections 420, 406 read with 120(b) I.P.C., the petitioner is the 17^th accused. He further submitted that Charge sheet has been filed and that was taken on file in C.C.No.86 of 2008 before the learned Special Judge, TANPID Court, Madurai. In view of the petitioner's relative's funeral, the petitioner could not appear before the Court concerned on 28.05.2013. He advise his counsel to file a petition under Section 317 Cr.P.C., but the same was dismissed and hence non bailable warrant was issued against the petitioner, and hence, he prays for enlargement on anticipatory bail.

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The learned Government Advocate (Crl.side) would submit that this petitioner is the 17^th accused. Due to the non appearance of the petitioner before the Court on 28.5.2013, non bailable warrant was issued against the petitioner and he prays for dismissal of this application.

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https://hcservices.ecourts.gov.in/hcservices/ 4. I have considered the rival submissions made by both sides.

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Considering the facts and circumstances of this case and considering the fact that the petitioner is unable to appear before the Court on 28.05.2013, as he has gone to attend the funeral of the relative and hence, non bailable warrant has been issued, I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the learned Special Judge, TANPID Court, Madurai, and to file a warrant recall petition before the learned Special Judge, TANPID Court, Madurai District and in the event of filing such an application, the learned Judge is directed to consider the same and pass orders on merits and in accordance with law.

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With the above direction, the petition is disposed of.

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sd/-

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06/06/2013

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.

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1 THE SPECIAL JUDGE TANPID COURT, MADURAI

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

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3 THE INSPECTOR OF POLICE E.O.W.II, KARUR.

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+1. CC to M/S.R.MATHIYALAGAN Advocate SR.No.29550

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ORDER

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CRL OP(MD) No.9065 of 2013

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Date :06/06/2013

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NSV/10.6.13/2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

C.Nirmala v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

C.Nirmala v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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