Keer @ Thasthakeer v. The State Rep By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Keer @ Thasthakeer S/o.Sayad Ameer, No. 74/76, 3rd Street, Periyar Nagar, Korukkupet, Washermanpet, Chennai - 600 021.

Petitioner(s) Vs The State Rep by, The Deputy Superintendent of Police, CBCID, OCU - II Chennai. (F.I.R No.1/2016) Respondent(s) Prayer:

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on bail in the event of arrest in Crime No 1/2016 pending on the file of the respondent police.

For petitioners: Mr.Aneesh Vinayak For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioner/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned XI Metropolitan Magistrate, Saidapet Chennai on 06.01.2025, 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.

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SUNDER MOHAN,J.

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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 and 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 XIth Metropolitan Magistrate,Saidapet, Chennai for recall of warrant, which shall be considered by the learned magistrate on the same day on merits and in accordance with the law.

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

12-02-2025 vca To 1 The State Rep by, The Deputy Superintendent of Police, CBCID, OCU - II Chennai. (F.I.R No.1/2016)

2. XIth Metropolitan Magistrate,Saidapet, Chennai 3.The Public Prosecutor High Court, Madras 2/3

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