Vivek @ Nethaji v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.05.2026

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL 1.Vivek @ Nethaji 2.Manjula ... Petitioners/Accused Nos.1 and 2 Vs The State, Represented by the Inspector of Police, All Women Police Station, Gummidipoondi, Thiruvallur District.

Crime No.213 of 2018 ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of BNSS, to enlarge the petitioners on bail, in the event of their arrest by the respondent Police concerned in Spl.S.C.No.66 of 2019 on the file of the learned Sessions Judge, Special Court for trial of Cases under POCSO Act, Thiruvallur, Thiruvallur District on their appearance before the concerned Court. For Petitioners : Mr.S.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 366, 342, 376AB, 294(b), 323, 506(ii) IPC and Sections 5(1), 5(m) r/w. Section 6 of POCSO Act, in connection with the case in Spl.S.C.No.66 of 2019 on the file of the learned Sessions Judge, Special Court for trial of Cases under POCSO Act, Thiruvallur District, seek anticipatory bail.

2. The learned counsel appearing for the petitioners submits that already bail was granted to the petitioners and due to their non-appearance before the trial Court, Non-bailable warrant was issued and the same is pending. Therefore, he prays for grant of anticipatory bail.

3. The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the offences against the petitioners are grave in nature and therefore, Non-Bailable warrant was issued on 08.01.2026 and the same is pending. Hence, the petitioners are not entitled for anticipatory bail and they can approach the trial Court for cancellation of non-bailable warrant. Therefore, he strongly opposed for grant of anticipatory bail.

4. Since the petitioners were already granted bail and due to their non-appearance, Non-bailable warrant was issued and the same is pending, it is

appropriate to direct the petitioners to approach the trial Court for cancellation of non-bailable warrant. Hence, the petitioners are directed to appear before the trial Court and file an appropriate application for cancellation of non-bailable warrant within a period of 15 days from the date of receipt of a copy of this order. On such application being filed by the petitioners, the trial Court is directed to consider the petitioners' application and pass orders in accordance with law on the same day.

5. Accordingly, this Criminal Original Petition is disposed of. 13.05.2026 ssb/mtl Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

P.DHANABAL, J.

ssb/mtl To

1. The learned Sessions Judge, Special Court for trial of Cases under POCSO Act, Thiruvallur District.

2.The Inspector of Police, All Women Police Station, Gummidipoondi, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras. 13.05.2026