J.Alwynn Gnana Durai v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii), 307 and 436 of IPC in Crime No.204 of 2012, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with others have abused the defacto complainant in filthy languages and also assaulted him. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is a daily wager and he was arrayed as A8 in S.C.No.46 of 2015 pending on the file of the Additional District Sessions Court No.VI, Ponneri. He would further submit that due to his illness, the petitioner was unable to appear before the Court on 21.06.2016 and thereby, the learned trial Judge has issued Non Bailable Warrant of arrest against the petitioner. Thereafter, due to Covid -19 pandemic, the petitioner was unable to

surrender before the trial Court. He would further submit that the petitioner is now ready and willing to surrender before the Court and furnish the sureties and also ready to co-operate with the progress of the trial. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that it is the crime of the 2012 and there are totally 8 accused involved in this case. The accused one after other being absconding and finally, the respondent was able to commit the case and the case was taken up for hearing in S.C.No.46 of 2015. Since the petitioner did not appear before the Court on 21.06.2016, a Non Bailable Warrant has been issued. He would further submit that for the past 6 years, the petitioner has been absconding and thereby he opposed for grant of anticipatory bail to the petitioner.

5.In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. However, a direction is issued to the petitioner to surrender and file an application for recalling the Non

Bailable Warrant and the learned trial Judge is directed to consider and pass orders on the same day taking into consideration the merits of the case.

6.With the above direction, this petition stands disposed of. 16.09.2022 vkr

A.D.JAGADISH CHANDIRA, J.

vkr 16.09.2022