IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Twenty Second day of April Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.9232 of 2022

M.GOMATHI

[ PETITIONER / ACCUSED ]

Vs

STATE REPRESENTED BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

K-9, THIRU VI KA NAGAR POLICE STATION,

CHENNAI - 11

CRIME NO.1254/2014

For Petitioner : M/S. V.RAJAMOHAN Advocate

For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :-

The petitioner, who apprehending arrest for the alleged

offence under Section 420 of I.P.C., in Crime No.1254 of 2014, on the

file of respondent police, seeks anticipatory bail.

2. The petitioner herein is brother of the defacto

complainant alleging that, jewels of the defacto complainant borrowed

by the petitioner herein not returned and therefore, complaint has

been lodged against this petitioner and it appears that, the police

has investigated and filed absconding charge sheet before the 5th

Metropolitan Magistrate, Egmore, Chennai. On receipt of the summons,

the petitioner has approached the Court and it appears that, the bail

bond furnished by the petitioner returned. Hence, present

anticipatory bail petition is filed before this Court.

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3. On considering the fact that the petitioner herein shown

as absconding accused while filing final report. It is appropriate

for the petitioner to appear before the concern Judicial Magistrate

in person. On such appearance, Learned Magistrate shall act in

accordance with law under Rule 24 of Criminal Rules of Practice,

2019. Since the petitioner was issued summons for appearance on

18.04.2022 and it is stated that, he appeared on the same day before

the Magistrate and submitted the bail bond but that was not accepted.

4. For the purpose of clarity, passed the following order

for future reference of the Metropolitan Magistrate as below:-

“Since it is a case of absconding charge sheet and

petitioner/accused been served with summons for appearance. On

appearance of petitioner/accused the concerned Magistrate shall

obtain a bond in Judicial Form No.74, with or without sureties,

subject to satisfaction and petitioner need not be remand to Judicial

Custody in view of the matter relates to transaction of jewels

between defacto complainant and sister and judicial remand is not

required. Further, it is directed that the petitioner shall appear

before the 5th Metropolitan Magistrate, Egmore, Chennai, on

16.05.2022 and on his appearance, appropriate orders shall be passed

as per Rule 24 of Criminal Rules of Practice – 2019.”

5. With the above direction, this Criminal Original

Petition is disposed of.

-sd/-

22/04/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE METROPOLITAN MAGISTRATE,

NO.V, EGMORE, CHENNAI.

2 THE INSPECTOR OF POLICE,

K-9, THIRU VI KA NAGAR POLICE STATION,

CHENNAI - 11.

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

3 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

+1 CC to M/S. V.RAJAMOHAN Advocate on payment of necessary

charges SR.NO. 6129

CRL OP.9232/2022

Date :22/04/2022

RW 28/04/2022

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