Madras High CourtCRL OP/17116/2021disposed of

Mani @ Manikandan v. The Inspector Of Police,

2021-09-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17116 of 2021 MANI @ MANIKANDAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] KELAMBAKKAM POLICE STATION, CHENGALPATTU DISTRICT.

CRIME NO.148 OF 2003.

For Petitioner : M/S. G.MOHANA KRISHNAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) [IN CRL.O.P.NO.17116/2021] MR.S.BALAJI, Govt. Advocate ( Crl. Side) [IN CRL.M.P.NO.11960/2021] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120(b), 341, 342, 302, 506(ii) and 109 of IPC in (*)S.C.No.328 of 2007 on the file of the learned Additional District and Sessions Judge, Chengalpattu seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is facing trial for the offence under Section 120(b), 341, 342, 302, 506(ii) and 109 of IPC in (*)S.C.No.328 of 2007 before the learned Additional District and Sessions Judge, Chengalpattu and since he did not appear before the Court on 19.01.2021, non bailable warrant was issued against him.

3.The learned counsel appearing for the petitioner submits that since the petitioner's personal inconvenience, he could not appear before the lower Court and hence non bailable warrant was issued against him. However, his non appearance is neither wilful nor wanton.

4.The learned Government Advocate (Crl.Side) submits that since the petitioner did not appear before the Court on 19.01.2021, non bailable warrant was issued against him.

5.In view of the above position, this Court is of the opinion that the relief available to the petitioner is to surrender before the learned Magistrate concerned and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant of Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6. Considering the fact that non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Additional District and Sessions Judge, Chengalpattu and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Additional District and Sessions Judge, Chengalpattu is directed to consider the said petition on merits and pass orders on the same day.

7. Accordingly, this criminal original petition is disposed of. -sd/- 17/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

(*)AMENDED AND ALL OTHER CONDITIONS REMAIN UNALTERED, AS PER ORDER OF THIS COURT DATED 22/11/2021 MADE IN CRL.MP.No.11960 OF 2021 IN CRL.O.P.NO.17116 OF 2021

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHENGALPATTU.

2 THE INSPECTOR OF POLICE, KELAMBAKKAM POLICE STATION, CHENGALPATTU DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. G.MOHANA KRISHNAN Advocate on payment of necessary charges SR.NO.13367 CRL OP.17116/2021 Date :17/09/2021 JPA 30/09/2021 JPA 29/11/2021