Susai @ Susauraj v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Susai @ Susauraj ... Petitioner Vs.

State by Tamil Nadu, The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

... Respondent (S.C No.95 of 2019) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest concerned in S.C.No.95 of 2019, on the file of the Sub Judge at Ponneri.

For petitioner : Mr.P.Chandrasekar For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

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The petitioner, who apprehends arrest pursuant to a Non Bailable Warrant issued by the Sub Judge, Ponneri, on 04.10.2019, 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 rival submissions, this Court is of the view that the anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the Sub Judge, Ponneri, for recall of warrant, which shall be considered by the Sub Judge, Ponneri on the same day on merits and in accordance with the law.

Page No.2 of 4

6.

With the above directions, this criminal original petition is disposed of .

07.03.2025 Index : Yes/No Internet: Yes/No dpa To 1.The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

2. The Public Prosecutor, Madras High Court, Chennai.

3.The Sub Judge, Ponneri.

SUNDER MOHAN, J.

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