B Shaji v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN B.Shaji S/o.Mr.K.Balan ...Petitioner/Accused Vs.

The State represented by, The Inspector of Police, Mahe Police Station, Mahe, Puducherry District.

... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioner on anticipatory bail in the event of his arrest in respect of Non-Bailable Warrant issued in S.C. No.10 of 2025 on the file of the II Additional District Judge at Puducherry. For Petitioner : Mr.Dinesh Babu For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned II Additional District Judge, Puducherry in S.C. No.10 of 2025, on 20.01.2025, 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.

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 II Additional District Judge 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 II Additional District Judge, Puducherry for recall of warrant, which may be considered on the same day on merits and in accordance with the law.

6. With the above directions, this Criminal Original Petition is disposed of. 28.02.2025 rkp 2/4

To 1.The Inspector of Police, Mahe Police Station, Mahe, Puducherry District.

2.The Public Prosecutor, High Court of Madras.

3.The II Additional District Judge, Puducherry 3/4

SUNDER MOHAN., J.

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