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Madras High CourtCRL OP/3339/2025disposed of

Manoj @ Manoj Nirala v. The State By, The Inspector Of Police,

2025-02-12Honourable Mr Justice Sunder Mohan2 pages

CRL OP NO. 3339 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3339 of 2025 Manoj @ Manoj Nirala C/o. Lalit, Rajgarh, Bihpuria, Dhalpur PO, Lakhimpur District. Assam - 784 165. Petitioner(s) Vs The State by, The Inspector of Police, Rajgarh, Bihpuria, Dhalour Po, Lakhimpur DistrictThakkolam Police Station, Vellore District. (Crime No. 120 of 2018) 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 120 of 2018 pending on the file of the respondent police.

For petitioners: Mr.Prashanth V I 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 Judicial Magistrate No.II, Arakkonam, 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.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP NO. 3339 of 2025 SUNDER MOHAN,J.

vca

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 Judicial Magistrate No.II, Arakkonam 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 Inspector of Police, Rajgarh, Bihpuria, Dhalour Po, Lakhimpur DistrictThakkolam Police Station, Vellore District. (Crime No. 120 of 2018)

2. Judicial Magistrate No.II, Arakkonam 3.The Public Prosecutor High Court, Madras CRL OP NO. 3339 of 2025 https://www.mhc.tn.gov.in/judis 2/2