Arul @ Tamiloli v. Inspector Of Police

A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 324, 332, 307, 506(ii) of IPC r/w.Section 3(1) of TNPPDL Act in Crime No.1459 of 2008 on the file of the respondent police in P.R.C.No.66 of 2019 on the file of the V Metropolitan Magistrate, Egmore, Chennai, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner apprehends arrest pursuant to an Non Bailable Warrant issued against him on 22.03.2019.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an accused and facing trial in P.R.C.No.66 of 2019 on the file of the V Metropolitan Magistrate, Egmore, Chennai. On 22.03.2019, the petitioner was unable to appear before the Court. Hence, the learned Magistrate has issued Non Bailable Warrant against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner will appear before the Court below regularly on all future hearing dates without fail. 1/3

4. The learned Government Advocate (Crl. Side) would submit that the accused are taking turns and absenting themselves and thereby, the trial Court is unable to proceed with the trial.

5. Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances, the petitioner is directed to appear before the V Metropolitan Magistrate, Egmore, Chennai, within a period of two weeks from the date of receipt of a copy of this order and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judge is directed to consider the same on merits and pass orders on the same day.

7. This criminal original petition is disposed of accordingly. 22.06.2023 Lpp 2/3

A.D.JAGADISH CHANDIRA.J, 22.06.2023 3/3