S Kannan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

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

The State represented by, The Inspector of Police, CCB, Vepery, Chennai.

(Crime No.368 of 2008) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioner on anticipatory bail, in the case pending in C.C.No.6975 of 2016 on the file of the CBCID CCB cases Metropolitan Magistrate, Egmore in Crime No.368 of 2008 on the file of the respondent police. For Petitioner : Mr.P.Sundararajan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

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The petitioner/accused, who apprehends arrest pursuant to a Non Bailable Warrant issued by the Metropolitan Magistrate, CBCID CCB cases, Egmore, 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 learned Metropolitan Magistrate, CBCID CCB cases, Egmore for recall of warrant, which shall be considered by the learned magistrate on merits and in accordance with the law.

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6. With the above directions, this Criminal Original Petition is disposed of. 20.03.2025 dpa To

1. The Inspector of Police, CCB, Vepery, Chennai.

2. The Public Prosecutor, High Court of Madras.

3. The Metropolitan Magistrate, CBCID CCB cases, Egmore.

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SUNDER MOHAN, J.

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