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Madras High CourtCRL OP/15999/2025granted

R. Kumaresan v. State Rep By The Inspector Of Police

2025-05-28Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP.No. 15999 of 2025 R.Kumaresan ... Petitioner Vs The State Represented by, The Inspector of Police, Vanur Police Station, Villupuram District.

... Respondent (Crime No.603 of 2017) PRAYER: Criminal Original Petition filed under 482 of B.N.S.S., pleased to enlarge the petitioner on bail in the event of his arrest in connection with pending trial in PRC No.12 of 2022 on the file of the Judicial Magistrate, Vanur.

For Petitioner :

Mr.M.D.Ilayaraja For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police pursuant to the non-bailable warrant issued against him on 07.04.2025 in PRC No.12 of 2022 pending on the file of the Judicial Magistrate, Vanur, for the offence under Sections 147, 148, 341, 323, 307, 1/4

506(ii), 326 r/w 109 of IPC, in Crime No.603 of 2017, seeks anticipatory bail.

2. The petitioner did not appear before the trial Court in PRC No.12 of 2022 on 07.04.2025, therefore, the non-bailable warrant was issued against him and the same is still pending for execution.

3. Learned counsel appearing for the petitioner submitted that the petitioner was not aware of the absconding charge sheet filed against him by the respondent and therefore, he failed to appear before the trial Court on 07.04.2025. However, now the petitioner is ready to appear before the learned Magistrate to recall the warrant, thereby, he 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 Additional Public Prosecutor appearing for the respondent police while opposing to grant anticipatory bail to the petitioner, submitted that the non-bailable warrant issued against the petitioner is pending from 07.04.2025 and the case in PRC No.12 of 2022 stands posted on 18.06.2025.

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

6. Considering the above facts and the submissions made by the learned counsel on either side, this Court is of the view that the anticipatory 2/4

bail cannot be granted to the petitioner. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate, Vanur and file a petition to recall of warrant, which may be considered by the Judicial Magistrate, Vanur, on the same day on merits and in accordance with law.

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

28.05.2025 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 official website of this Court will be watermarked and will also have a QR code.

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K.GOVINDARAJAN THILAKAVADI, J.

gv To

1. The Judicial Magistrate, Vanur.

2. The Inspector of Police, Vanur Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15999 of 2025 28.05.2025 4/4