Pandi @ Jayapandyan v. Tamilnadu State Rep By Its

RMT.TEEKAA RAMAN, J.

The Petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC in connection with C.C.No.87 of 2015, pending on the file of the learned Judicial Magistrate, Dharapuram in connection with Crime No.762 of 2014 seeks anticipatory bail. 2.The learned counsel for the Petitioner would submit that the Respondent Police has filed final report on 27.03.2015 and on the same day the same was taken on file as C.C.No.87 of 2015 by the learned Judicial Magistrate, Dharapuram, Tiruppur District and the trial Court has issued NBW against this Petitioner, without receiving the proof of service from the Respondent police on 28.03.2016. He would also submit that the Petitioner is ready to appear before the trial Court for recall the NBW issued against him and to co-operate for speedy disposal of the case and hence, he prays for grant of anticipatory bail to the Petitioner.

3.The learned Government Advocate (Crl. Side) would submit that the Petitioner did not appear before the Court and the trial Court had issued 1/ 3

Non Bailable Warrant of arrest against the Petitioner on 28.03.2016. He would further submit that the option available for the Petitioner is to surrender before the Court, concerned and file an application for recalling the warrant. Hence, he opposed for grant of anticipatory bail to the Petitioner. 4.Heard the learned counsel on either side and perused the entire materials available on record.

5.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either side and the fact that Non Bailable Warrant was issued against the Petitioner on 28.03.2016 and the same is pending for long time, I am not inclined to grant anticipatory bail to the Petitioner. Accordingly, this Criminal Original Petition is dismissed. 23.08.2023 sai 2/ 3

RMT.TEEKAA RAMAN, J.

sai 23.08.2023 3/ 3