Mayilsamy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mayilsamy ...Petitioner/Accused - 4 Vs.

The State represented by, The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

(Crime No.475 of 2018) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the BNSS, to enlarge the petitioner on bail, in the event of his arrest in S.C.No.65 of 2019 on the file of the learned Additional District and Sessions Judge, Kallakurichi in Crime NO.475 of 2018, on the file of the respondent police. For Petitioner : Mr.V.Gunasekar For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner/accused, who apprehends arrest pursuant to Non Bailable Warrant issued by the learned Additional District and Sessions Judge, Kallakurichi, on 09.12.2024, 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 and thereafter failed to appear.

4. Heard both sides.

5.

Considering the nature of allegations, this Court is of the view that the petitioner can be directed to surrender before the learned Additional District and Sessions Judge, Kallakurichi and file a petition to recall of warrant, which shall be considered by the learned Judge on the same day on merits and in accordance with the law.

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6. With the above directions, this Criminal Original Petition is disposed of. 17.02.2025 dk To 1.The Additional District and Sessions Judge, Kallakurichi.

2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

dk 17.02.2025 4/4