Madras High CourtCRL OP/17901/2021dismissed

Venkatesan v. State Rep By

2021-09-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17901 of 2021 S.C.No. 32 of 2011 (On the file of the Additional District judge, Chengalpet) VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT (CRIME NO.234/2001) For Petitioner : M/S P.ANBAZHAGAN Advocate For Respondent : M/S. C.E.PRATAP, 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 for the alleged offence under Section 147, 148, 341 & 302 of IPC under Non-Bailable Warrant issued on 21.11.2019 in SC.No.

32 of 2011 on the file of the learned Additional District Judge, Chengalpet, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is facing trial for the offence under Section 147, 148, 341 & 302 of IPC in SC.No.32 of 2011 on the file of the learned Additional District Judge, Chengalpet, and since he did not appear before the Court on 21.11.2019, non bailable warrant was issued against him. 3.The learned counsel appearing for the petitioner would submit that the petitioner was already arrested in Crime No.234 of 2001 for the offence under Section 147, 148, 341 & 302 of IPC. The respondent police have failed to inform the same to the Court. Hence, non bailable warrant was issued against him. However, his non appearance https://hcservices.ecourts.gov.

is neither wilful nor wanton.

4.The learned Government Advocate would submit that since the petitioner did not appear before the Court on 21.11.2019, 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 Judge, Chengalpet District 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 Judge, Chengalpet District 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/- 27/09/2021 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 THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE ADDITIONAL DISTRICT JUDGE, CHENGALPET +1 CC to M/S P.ANBAZHAGAN Advocate on payment of necessary charges SR.No.10626 CRL OP.17901/2021 Date :27/09/2021 APN 06/10/2021 https://hcservices.ecourts.gov.in/hcservices/