Siva Alias Vendayampatti Siva Alias Trichy Siva v. State Rep. By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Siva @ Vendayampatti Siva @ Trichy Siva ... Petitioner Vs.

State represented by The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Karaikal District.

Puducherry. (Crime No.01 of 2017).

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in P.R.C.No.09 of 2023 on the file of Judicial Magistrate No.I, Karaikal, in connection with Crime No.01 of 2017 on the file of the respondent police.

For petitioner : M/s.R.Sasikumar For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned Judicial Magistrate No.I, Karaikal, Page No.1 of 4

seeks anticipatory bail.

2.According to the learned counsel for the petitioner, the summons was not issued to the petitioner and hence, he was not aware of the proceedings.

3. The learned Government Advocate (Crl.Side), however, would submit that the petitioner was aware of the proceedings and he had appeared before the learned Magistrate on summons an thereafter failed to appear.

4. Heard both sides.

5.Considering the rival submissions, this Court is of the view that the anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the learned Judicial Magistrate No-I, Karaikal, for recall of warrant, which shall be considered by the learned Magistrate on the same day on merits and in accordance with the law. Page No.2 of 4

6.

With the above directions, this criminal original petition is disposed of .

06.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To 1.The Judicial Magistrate No.I, Karaikal.

2.The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Karaikal District. Puducherry.

3.The Public Prosecutor, Puducherry.

Page No.3 of 4

SUNDER MOHAN, J.

dpa 06.02.2025 Page No.4 of 4