Petitioner sought anticipatory bail under Sec. 438 Cr.P.C. facing arrest over alleged IPC offences due to an issued non-bailable warrant arising from failure to appear in the long-pending trial court case. Court denied bail.
Anticipatory bail denied; Petitioner directed to surrender to the trial court within 15 days to apply for regular bail.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of December Two Thousand Fourteen PRESENT
The Hon`ble Mr Justice G.CHOCKALINGAM
CRL OP(MD) No.21792 of 2014
S.RAJA ... PETITIONER/SOLE ACCUSED
Vs
THE STATE REP BY THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.137/2008 ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.PERFECT LAW ASSOCIATES Advocate
For Respondent : MR.P.KANNITHEVAN 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 arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 457 and 380 of IPC in Crime No.137 of 2008 in connection with a case in C.C.No.65 of 2010 on the file of the Judicial Magistrate, Kamuthi and hence, seeks anticipatory bail.
2.The learned counsel for the petitioner submitted that the petitioner apprehends arrest on the ground of issuance of Non-Bailable Warrant. He further submitted that the petitioner was not able to appear before the trial Court on the date of hearing i.e., on 30.08.2013 and as such Non-Bailable Warrant was issued against him. The learned counsel further submitted that the petitioner has been falsely implicated in this case.
3.It is submitted by the learned Government Advocate (Crl. Side) that Non-Bailable warrant is pending against the petitioner as the petitioner has not appeared before the trial Court on the date of hearing.
4.Considering the facts and circumstances of this case and also https://hcservices.ecourts.gov.in/hcservices/ considering the pendency of the case for a long time, this court is not inclined to grant anticipatory bail to the petitioner. Hence, this
petition is dismissed. However, the petitioner is directed to surrender before the court concerned and file appropriate application within a period fifteen days from the date of receipt of a copy of this order and on such surrender, the learned Judge/Magistrate concerned shall consider the same and pass orders on the same, on merits and in accordance with law and on the same day itself.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) TO
1 THE JUDICIAL MAGISTRATE, KAMUTHI
3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.PERFECT LAW ASSOCIATES Advocate SR.No.66035 ORDER
NA/12/12/2014/P2/5C
3 issues framed by the court
Whether the petitioner should be granted anticipatory bail at the stage of an issued non-bailable warrant due to long pendency.
Whether the petitioner's failure to appear before the trial court warrants a negative assessment for bail.
How to direct an accused who faces an issued N.B. warrant to submit to the trial court for bail consideration.
1 provisions across 1 enactments
S. RAJA
THE STATE
THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION
G. CHOCKALINGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
