This is a bail petition under Section 438 Cr.P.C. filed by two accused apprehending arrest due to an NBW. The High Court granted bail, recorded an undertaking to appear, and directed retraction of the warrant by the issuing court.
Granted anticipatory bail; directed petitioners to appear and file application for recall of NBW.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Twenty Sixth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.7094 of 2018
1 THANGAMARI 2 VIJAY ... PETITIONERS / ACCUSED NO.1 & 2
Vs
THE STATE REPRESENTED BY, THE INSEPCTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO. 480 OF 2013 ... RESPONDENT / COMPLAINANT
For Petitioners: M/S.S.BALAJI Advocate
For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners, who are shown as A1 and A2, apprehending arrest at the hands of the respondent police on the basis of NBW issued on 22.03.2018 in C.C.No.1165 of 2014 by the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, seek anticipatory bail.
2.The petitioners were absent on 22.03.2018. Hence, nonbailable warrant was issued against them. The petitioners undertake that they will regularly appear on all future hearings before the concerned court. If the said undertaking is not complied with, it is for them to file an application under Section 317 Cr.P.C.
3.Recording the said undertaking given by the petitioners, the https://hcservices.ecourts.gov.in/hcservices/ petitioners are directed to appear before the concerned court on the
next hearing date and shall file an application to recall the warrant and the learned Magistrate concerned is directed to consider the same and recall the warrant on the same day. It is made clear that if the said undertaking is not complied with, this order shall stand automatically vacated.
4.With the above directions, this Criminal Original Petition is disposed of.
sd/26/04/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
3 THE INSEPCTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.BALAJI Advocate SR.No.7415
GJM/PMI/RNB/2.5.18-2P-6C
ORDER
IN CRL OP(MD) No.7094 of 2018 Date :26/04/2018
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C.
Whether the petitioners have provided a valid undertaking to appear and seek recall of the non-bailable warrant.
2 provisions across 1 enactments
THANGAMARI
VIJAY
THE STATE REPRESENTED BY THE INSEPCTOR OF POLICE SANKARANKOVIL
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
