Moorthy v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No.9835 of 2025 1.Moorthy 2.Indhumathi 3.Jayashree ...petitioners/A1,A4 and A5 Vs.

The State represented by, The Inspector of Police, Vennundur Police Station, Vennandur Namakkal District.

(Crime No.679 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on anticipatory bail, in the event of arrest in Crime No.679 of 2021 on the file of the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Namakkal. For petitioners : Mr.Nalliyappan R For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) 1/4

O R D E R

The petitioners/accused, who apprehend arrest pursuant to an Non Bailable Warrant issued by the the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Namakkal on 25.03.2025, seek anticipatory bail.

2.

It is the case of the prosecution that the petitioners were granted bail; that they did not appear before the trial Court and NBW was issued on 25.03.2025 and hence, they are apprehending arrest. 3.

The learned counsel for the petitioners submitted that the petitioners could not attend the trial as they had to attend the funeral ceremony and hence, sought for anticipatory bail.

4.

The learned Government Advocate (Crl.Side) submitted that summons were served to the petitioners, however they failed to appear for the hearing before the trial Court.

5.

Heard both sides.

2/4

6.

Considering the 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 the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Namakkal for recall of warrant, which may be considered by the learned magistrate on merits and in accordance with the law.

6.

With the above directions, this Criminal Original Petition is disposed of.

03.04.2025 vca To 1.

The Inspector of Police, Vennundur Police Station, Vennandur Namakkal District.

2.

The Public Prosecutor, High Court of Madras.

3.

The Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Namakkal.

SUNDER MOHAN., J.

3/4

vca 03.04.2025 4/4