Kannan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Kannan ...Petitioner/Accused-5 Vs.

The State represented by, The Inspector of Police, Naduvattam Police Station, The Nilgiris District.

(Crime No.65 of 2023) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioner on anticipatory bail, in the event of arrest in Crime No.65 of 2023 on the file of the respondent police. For Petitioner : Mr.S.Esakkimuthu For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

The petitioner/accused, who apprehends arrest at the hands of the respondent for the offences punishable under Section 399 of IPC, in Crime 1/4

No.65 of 2023, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had prepared to commit dacoity.

3. The learned counsel for the petitioner would submit that the petitioner was earlier granted anticipatory bail in Crl.OP.No.25891 of 2023 by this Court by the order dated 15.11.2023; that since he had not executed the sureties, the order was cancelled; and that a warrant was issued by the trial Court and apprehending arrest, sought for anticipatory bail.

4. The learned Government Advocate (Crl.Side), reiterated the prosecution case and confirmed the fact that the warrant has been issued against the petitioner.

5. Considering the rival submissions, this Court is not inclined to grant anticipatory bail to the petitioner. However, it is open to the petitioner to approach the jurisdictional learned Magistrate, for recall of the warrant. The learned Magistrate may consider the said petition in accordance with law. 2/4

6. With the above directions, this Criminal Original Petition is dismissed. 09.04.2025 drl To

1. The Inspector of Police, Naduvattam Police Station, The Nilgiris District.

2. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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