Madras High CourtCRL OP/17140/2021disposed of

Guru@Gurusamy v. The State Rep By

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.17140 of 2021 IN S.C.No.62 of 2019 (ON THE FILE OF THE II Additional District Judge, AT ERODE) GURU @ GURUSAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THINGALUR POLICE STATION, ERODE DISTRICT.

CRIME NO. 145 OF 2016.

For Petitioner : M/S.T.PADMANABHAN Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) 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 447, 147, 148, 353, 294(b) and 506(i) of IPC r/w Section 3(1) of the Public Property (Prevention of Damage and Loss) Act 1992 in S.C.No.62 of 2019 on the file learned II Additional District Judge, Erode seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is facing trial for the offence under Section 447, 147, 148, 353, 294(b) and 506(i) of IPC r/w Section 3(1) of the Public Property (Prevention of Damage and Loss) Act 1992 in S.C.No.62 of 2019 before the learned II Additional District Judge, Erode and since he did not appear before the Court on 20.07.2021, 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 20.07.2021, 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 II Additional District Judge, Erode 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 II Additional District Judge, Erode 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.

TO 1 IIND ADDITIONAL DISTRICT JUDGE AT ERODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, THINGALUR POLICE STATION, ERODE DISTRICT.

+1 CC to M/S.T.PADMANABHAN Advocate on payment of necessary charges SR.NO.10192 CRL OP.17140/2021 Date :17/09/2021 RW 30/09/2021