Madras High CourtCRL OP/4109/2026disposed of

Manikandan @ Chinamani, v. The State Rep. By The Inspector Of Police,

2026-02-19Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Manikandan @ Chinamani ..Petitioner(s) Vs The State Rep. by the Inspector of Police, J-5 Sastri Nagar Police Station, Chennai.

..Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of arrest, pending execution of the Non-Bailable Warrant in S.C. No.375 of 2022 on the file of the learned XXI Additional Sessions Judge, Chennai.

For Petitioner(s):

M/s.S.VEDAVALLI 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 alleged offence under Sections 341, 294(b), 324, 326, 307, 506(ii) read with 34 IPC, in S.C.No.375 2022, on the file of the learned XXI Additional Sessions Judge, Chennai, in Crime No.651 of 2019 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is facing trial for the offence under Sections 341, 294(b), 324, 326, 307, 506(ii) read with 34 IPC, in S.C.No.375 2022, before the learned XXI Additional Sessions Judge, Chennai since he did not appear before the Court, non bailable warrant was issued against him on 22.10.2025.

3.The learned counsel appearing for the petitioner submits that due to sudden illness, the petitioner could not appear before the concerned Court and hence non bailable warrant was issued against him on 22.10.2025. However, his non appearance is neither wilful nor wanton.

4. The learned Government Advocate (Crl.Side) submits that since the petitioner did not appear before the Trial Court, non bailable warrant was issued against him on 22.10.2025.

5. In view of the above position, this Court is of the opinion that the relief available to the petitioner is to surrender before the learned Magistrate concerned and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6. Considering the fact that non-bailable warrant is pending against the petitioner, he is directed to surrender before the trial Court i.e., learned XXI Additional Sessions Judge, Chennai, and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the concerned Court is directed to consider the said petition on merits and pass orders on the same day on merits.

7. Accordingly, this criminal original petition is disposed of. 19-02-2026 GBI To 1.The State Rep. by the Inspector of Police, No.55/32, Anna Street,Ambattur,Chennai 600 107J-5 Sastri Nagar Police Station, Chennai.

2.The XXI Additional Sessions Judge, Chennai. 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 19-02-2026