Manimegalai v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.
Manimegalai C.P.Eashwaramoorthy ...petitioners/A2 & A3 Vs.
The State represented by, The Inspector of Police, E3 Saravanampatti Police Station, Coimbatore. ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioners on anticipatory bail, in the case pending in C.C.No.6564 of 2021 on the file of the XIII Metropolitan Magistrate, Egmore on the file of the respondent police.
For petitioners : Mr.R Shine Kumar For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) 1/4
O R D E R
The petitioners/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned XIII Metropolitan Magistrate, Egmore, on 02.08.2024, seeks anticipatory bail.
According to the learned counsel for the petitioners, the first petitioner is suffering from brain tumour and the second petitioner has various health issues and due to their medical conditions, they were unable to attend the hearing before the XIII Metropolitan Magistrate, Egmore 3.
The learned Government Advocate (Crl.Side), however, would submit that the petitioners 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 petitioners are at liberty to approach the learned Magistrate, for recall of warrant, which may be considered 2/4
by the learned magistrate on merits and in accordance with the law. 6.
With the above directions, this Criminal Original Petition is disposed of.
28.03.2025 vca To 1.
The Inspector of Police, E3 Saravanampatti Police Station, Coimbatore.
The Public Prosecutor, High Court of Madras.
3.
The XIII Metropolitan Magistrate, Egmore 3/4
SUNDER MOHAN., J.
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