Srinivasa Rao v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11971 of 2025 Srinivasa Rao Petitioner Vs State Rep By, The Inspector of Police, W1 AWPS, Nungambakkam, Chennai.

Crime No.12 of 2004 Respondent For Petitioner : Mr.O.S.Thilak Pasumbadiyar For Respondent : Mr.S.Balaji Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police pursuant to the non-bailable warrant issued against him on 04.03.2021 in C.C.No.214 of 2017 pending on the file of the Additional Mahila Court at Magiterial Level, Egmore, for the offence under Sections 354, 509 of IPC and Section 4 of Tamilnadu Prohibition of Women's Harassment Act, in Crime No.12 of 2004, seeks anticipatory bail.

2. The petitioner did not appear before the trial Court in C.C.No.214 of 2017 on 04.03.2021, therefore, the non-bailable warrant was issued against

him on the same day and the same is still pending for execution.

3. Learned counsel appearing for the petitioner submitted that the petitioner due to pandemic situation, he did not know about the transfer of case to the Additional Mahila Court, Egmore and he was unable to appear before the trial Court on 04.03.2021. However, now the petitioner is ready to appear before the Additional Mahila Court to recall the warrant and prayed that a direction may be issued to the learned Magistrate to consider the application seeking to recall the warrant on the same day.

4. Learned Government Advocate (Crl.Side) confirmed the aforesaid facts and submitted that the petitioner was aware of the proceedings and that the non-bailable warrant issued against the petitioner is pending from 04.03.2021 on the file of the Additional Mahila Court at Magisteriala Level, Egmore, in C.C.No.214 of 2017.

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 Additional Mahila Court at Magisteriala Level, Egmore, for recall of warrant, which may be considered by the learned Additional Mahila Court at Magisteriala Level, Egmore, in accordance with the law.

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

22-04-2025 drl To

1. The Inspector of Police, W1 AWPS, Nungambakkam, Chennai.

2. The Additional Mahila Court at Magisterial Level, Egmore.

3.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN J.

drl CRL OP No. 11971 of 2025 22-04-2025