Kavilara v. The Inspector Of Police

Crl.O.P.No.16126 of 2023 Crl.O.P.No.16126 of 2023 G.CHANDRASEKHARAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 11(1), 12, 7, 8 of POCSO Act and 451 of IPC in Crime No.758 of 2020 pending in Spl.S.C.No.29 of 2020, on the file of the Sessions Judge, Fast Track Mahila Court, Dharmapuri, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in Spl.S.C.No.29 of 2020 pending on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri. He has not appeared before the trial Judge on 27.06.2023 and therefore, non-bailable warrant issued against him. Apprehending arrest, present petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, petitioner did not appear before the Court and the trial Court had issued Non Bailable Warrant of arrest against the petitioner on 27.06.2023. He further submitted that the only option available for the petitioner is to surrender before the concerned https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16126 of 2023 G.CHANDRASEKHARAN, J.

mpl Court and file an application for recalling the warrant. Hence, he opposed for grant of anticipatory bail to the petitioner.

4. Considering circumstances in which the NBW was issued, this Court directs the petitioner to approach the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri with the petitions for surrender and recall of NBW. On filing of such petitions, the learned Judge is directed to dispose the petitions on merits and in accordance with law on the same day.

5. With the above observations and directions, this Criminal Original Petition is disposed of.

25.07.2023 mpl Crl.O.P.No.16126 of 2023 https://www.mhc.tn.gov.in/judis