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Madras High CourtCRL OP/19625/2025granted

Muthuramalingam v. State Represented By

2025-07-23Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.072025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Muthuramalingam ... Petitioner Vs.

State represented by, The Inspector of Police, Naduvattam Police Station, The Nilgiris District.

(Crime No.65 of 2023) ... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in connection with PRC No.02 of 2024 on the file of the Principal District Munsif cum Judicial Magistrate, Gudalur, The Nilgiris District. For Petitioner :

Mr.S.Prabhu For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent pursuant to the non-bailable warrant issued in PRC No.02 of 2024 by the Principal District Munsif cum Judicial Magistrate, Gudalur, Page No.1 of 4

The Nilgiris District, in connection with Crime No.65 of 2023 registered for the offences under Section 399 IPC, seeks bail, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that earlier, the petitioner approached this Court by filing the anticipatory bail petition in Crl.O.P.No.26866 of 2023 in connection with Crime No.65 of 2023 and this Court, by an order dated 30.11.2023, granted anticipatory bail to the petitioner. However, due to certain reasons beyond his control, he was unable to execute the sureties and comply with the conditions as imposed by this Court. He further submitted that now the investigation has been completed and the charge sheet has also been filed, which was taken on file in PRC No.02 of 2024 by the Principal District Munsif cum Judicial Magistrate, Gudalur, The Nilgiris District. Since the petitioner unable to appear before the committal Court, a Non Bailable Warrant was issued against him on 04.04.2025. He also submitted that the petitioner is ready to appear before the trial Court and and he is also ready to co-operate for speedy disposal of the trial. Hence, he prayed for the grant of anticipatory bail to the petitioner. Page No.2 of 4

3. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioner stating that out of six accused in this case, the petitioner is arrayed as A4 and the case stands posted on 25.07.2025 for issuing fresh summons to A2. He also confirmed that the petitioner was already granted anticipatory bail by this Court.

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

5. Considering the above facts and circumstances of the case and the submissions made on both sides, a direction is issued to the petitioner to appear before the committal Court on 25.07.2025 and execute a bond under Section 91 BNSS (88 of Cr.P.C) and shall file an application seeking to recall the warrant. The learned trial Judge, taking into consideration the merits of the case, shall pass orders on the petition on the same day of his appearance.

6. With the above directions, the Criminal Original Petition stands disposed of.

23.072025 ham Page No.3 of 4

M.NIRMAL KUMAR ham To

1. The Principal District Munsif cum Judicial Magistrate, Gudalur, The Nilgiris District.

2. The Inspector of Police, Naduvattam Police Station, The Nilgiris District.

3. The Public Prosecutor, High Court, Madras.

23.07.2025 Page No.4 of 4