Madras High CourtCRL OP/4705/2022dismissed

Poovalingam Sikkandar v. The Inspector Of Police

2022-02-28Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4705 of 2022 IN C.C.NO.2401 of 2015 (On the file of The Hon'ble XVIII Metropolitan Magistrate Court, Saidapet) 1 POOVALINGAM SIKKANDAR [ PETITIONERS / ACCUSED ] 2 MOHANAPRASAD SIKKANDAR 3 KRISHNAIYER SIKKANDAR POORNAPRASAD Vs THE INSPECTOR OF POLICE [ RESPONDENT ] J3 GUINDY POLICE STATION, GUINDY, CHENNAI-600015.

For Petitioner : M/S.K.MURUGAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 51, 63, 66 and 69 of the Copyright Act, 1957 in C.C.No.2401 of 2015 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, seek anticipatory bail.

2. This petition has been filed seeking anticipatory bail since the petitioners are facing non-bailable warrant issued by the trial court for their non-appearance. This Court has time and again reiterated the legal position regarding the recall of NBW issued for non-appearance, while Section 70 of Cr.P.C is very clear, invoking the power of this Court, under Section 438 or under Section 482 of Cr.P.C., is unwarranted. Hence, this petition is dismissed. https://hcservices.ecourts.gov.in/hcservices/

3. It is open to the petitioners to surrender before the concerned Magistrate who has issued warrant and seek for recall explaining the reason for their non-appearance. -sd/- 28/02/2022 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE J3 GUINDY POLICE STATION, GUINDY, CHENNAI-600015.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.MURUGAN Advocate on payment of necessary charges CRL OP.4705/2022 Date :28/02/2022 CSK 09/03/2022 https://hcservices.ecourts.gov.in/hcservices/