Madras High CourtCRL OP/12853/2021disposed of

Sankar v. The State Of Tamil Nadu Rep.By

2021-07-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12853 of 2021 1 SANKAR [ PETITIONERS / ACCUSED ] 2 S.KANNIAPPAN Vs THE STATE OF TAMIL NADU REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D-3, KANAGAMMACHATRAM POLICE STATION, TIRUTTANI TALUK, TIRUVALLUR DISTRICT.

CR.NO.47/2017.

For Petitioner : M/S.S.ARUNKUMAR Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 448, 324, 307 of IPC in Crime No.47 of 2017 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are facing trial for the offence under Sections 147, 148, 448, 324, 307 of IPC in PRC No.12 of 2019 before the learned Judicial Magistrate, Tiruttani, Tiruvallur District and since they did not appear before the Court, non bailable warrant was issued against them on 10.01.2021.

3.The learned counsel appearing for the petitioner would submit that since the petitioners could not appear before the lower Court, non bailable warrant was issued against them. However, their non appearance is neither wilful nor wanton.

4.The learned Government Advocate (Crl.Side) would submit that since the petitioners did not appear before the Court, non bailable warrant was issued against them on 10.01.2021. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above position, this Court is of the opinion that the relief available to the petitioners is to surrender before the learned Magistrate concerned and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant of Arrest issued against them. Therefore, the question of granting anticipatory bail does not at all arise.

6. Considering the fact that non-bailable warrant is pending against the petitioners, the petitioners are directed to surrender before the trial Court i.e., learned Judicial Magistrate, Tiruttani, Tiruvallur District and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate, Tiruttani, Tiruvallur District is directed to consider the said petition on merits and pass orders on the same day.

7. Accordingly, this criminal original petition is disposed of. -sd/- 27/07/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE JUDICIAL MAGISTRATE, THIRUTHANI.

3 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, D-3, KANAGAMMACHATRAM POLICE STATION, TIRUTTANI TALUK, TIRUVALLUR DISTRICT.

+1 CC to M/S.S.ARUNKUMAR Advocate on payment of necessary charges SR.NO.7928 CRL OP.12853/2021 Date :27/07/2021 TA-05/08/2021 https://hcservices.ecourts.gov.in/hcservices/