Akash v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15318 of 2025 Akash .. Petitioner Vs.

The State rep by The Inspector of Police, R-4, Pondy Bazar Police Station (TIW), Chennai.

(Crime No.11 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in respect of the NBW pending in C.C. No.1980 of 2024 on the ifle of VI Metropolitan Magistrate, Egmore, Chennai.

For petitioner : Mr.Mohamed Yasin For Respondent : Mr.V.Meganathan Government Advocate(Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 279 and 304(A) of IPC, in Crime No.11 of 2024 in C.C.No.1980 of 2024 before the VI Metropolitan Magistrate, Egmore, Chennai seeks anticipatory bail. Page No.1 of 4

2. Learned counsel appearing for the petitioner submitted that the petitioner was initially granted bail and thereafter he was regularly appearing before the Court. However, on 05.02.2025, due to his illness, he was unable to appear before the Court and also unable to inform his Counsel for his absence and that Non-Bailable Warrant came to be issued on 05.02.2025. He further submitted that the petitioner is ready to co-operate for the speedy disposal of the case and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl.Side), however, would submit that the petitioner was aware of the proceedings and he had appeared before the learned VI Metropolitan Magistrate, Egmore, Chennai on summons and thereafter failed to appear and the case is now posted for hearing on 19.06.2025.

4. Heard both sides.

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5. Considering the rival submissions and the offences are bailable in nature, this Court is of the view that the anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the VI Metropolitan Magistrate, Egmore for recall of warrant, which may be considered on the same day on merits and in accordance with the law.

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

16.05.2025 Index : Yes / No Internet : Yes / No rkp/ep To 1.The Inspector of Police, R-4, Pondy Bazar Police Station (TIW), Chennai.

2.The VI Metropolitan Magistrate, Egmore, Chennai. 3.The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR, J.

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ep/rkp Crl.O.P.No.15318 of 2025 16.05.2025 Page No.4 of 4