K.Prasanth v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR K.Prasanth S/o.Kuppusamy, No. 66, 3rd Street Pallavan Nagar, Kasimed, Tondiarpet, Chennai, Tamilnadu- 600 081.

..Petitioner(s) Vs State by The Inspector of Police N-4 Fishing Harbour Police Station, Chennai.

Crime No. 1328/2020.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.133 of 2023 (On the file of Learned XX Additional Judge City Civil and Sessions Court at Chennai) Connecting with Crime No. 1328 of 2020 on the file of the Respondent Police and thus render justice.

For Petitioner(s):

Mr.Venkateswara Babu For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.side)

Order The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 341, 294(b), 392, 392 r/w 397, 506(ii) of IPC, in S.C.No.133 of 2023, pending on the file of the learned XX Additional Judge, City Civil and Sessions Court at Chennai, in connection with Crime No.1328 of 2000, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is facing trial in S.C.No.133 of 2023, pending on the file of the learned XX Additional Judge, City Civil and Sessions Court at Chennai. He further submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates. However, on 06.01.2026, when the petitioner reached the Court, the case had already been called, and consequently he was unable to appear before the trial Court, thereby, a Non Bailable Warrant was issued by the trial Court, against him. He also submitted that the petitioner is ready to appear before the trial Court and also he is ready to co-operate for speedy disposal of the trial. Hence, he prays for grant of anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.side) submitted that since the petitioner, who is an accused facing trial in S.C.No.133 of 2023, pending on

the file of the learned XX Additional Judge, City Civil and Sessions Court at Chennai, has failed to appear before the trial Court on 06.01.2026, the trial Court has issued a Non-Bailable Warrant of arrest against him. He further submitted that the only option available to the petitioner is to surrender before the Court concerned and to file petition seeking to recall the warrant and therefore the petition for anticipatory bail may not be maintainable. Hence, he object for grant of anticipatory bail.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondents and perused the materials available on record.

5. Considering the above facts and circumstances of the case and the submissions made on both sides, a direction is issued to the petitioner to surrender before the trial Court and to file an application seeking to recall the warrant and the learned Trial Judge, taking into consideration the merits of the case, shall pass orders on the petition on the same day of his surrender.

6. With the above directions, the Criminal Original Petition stands disposed of.

04-02-2026 DRL

To 1.The Inspector of Police N-4 Fishing Harbour Police Station, Chennai.

2.The Public Prosecutor High Court Madras.

K.RAJASEKAR J.

DRL 04-02-2026