Madras High Court
Ravichandran vs State Represented By on 24 November, 2021
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.O.P.No.37520 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.SR.No.37520 of 2021
Ravichandran ... Petitioner
Vs.
State Represented by,
The Inspector of Police,
Perambalur Police Station,
Perambalur District.
(Crime No.70 of 2014) ... Respondent
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge
the petitioner on anticipatory bail in the event of arrest of Non-Bailable
Warrant issued on 12.10.2021 in C.C.No.170 of 2014 on the file of the learned
Judicial Magistrate, Perambalur in Crime No.70 of 2014 on the file of the
respondent police
.
For Petitioner : Mr.Velmurugan
For Respondent : Mr.N.S.Suganthan
Government Advocate
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.37520 of 2021
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 338 and 304(A) of IPC, in Crime No.70 of 2014, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is the drive of the lorry who had caused road accident on 31.01.2014. Hence the respondent police registered a case and filed a charge sheet against the petitioner before the learned Judicial Magistrate, Perambalur, in C.C.No.170 of 2014 and due to the absence of the petitioner, the learned Magistrate issued NBW on 12.10.2021 against the petitioner.
3. The learned counsel appearing for the petitioner would submit that on 12.10.2021, due to the Covid-19 Pandemic situation, he was unable to appear before the learned Judicial Magistrate, Perambalur, regularly in respect of the case in C.C.No.170 of 2014 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.37520 of 2021
4. The learned Government Advocate would submit that the petitioner did not cooperate to the investigation and absconding charge sheet was filed against the petitioner, before the learned Judicial Magistrate, Perambalur and the case has been taken on file in C.C.No.170 of 2014 and since the petitioner did not appear before the concerned Court, the learned Magistrate issued NBW against him, on 12.10.2021, which is still pending.
5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Perambalur, within a period of two weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.
6. This criminal original petition is disposed of accordingly.
24.11.2021 rri 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.37520 of 2021 T.V.THAMILSELVI, J.
rri To
1.The Judicial Magistrate, Perambalur.
2.The Inspector of Police, Perambalur Police Station, Perambalur District.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.SR.No.37520 of 2021
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