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Madras High CourtCRL OP/19046/2023disposed of

Eswaran v. The State Rep By

2023-08-25Honourable Mr Justice Rmt. Teekaa Raman4 pages

RMT.TEEKAA RAMAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police in respect of the non-bailable warrant issued in Spl.S.C.No.92 of 2023 on the file of the learned Special Judge for exclusive trial of cases under POCSO Act, Chennai, for the offences punishable under Section 366 of IPC and Section 6 of Protection of Children from Sexual Offences Act, in Crime No.1518 of 2017, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted the petitioner is facing trial in Spl.S.C.No.92 of 2023 on the file of the learned Special Judge for exclusive trial of cases under POCSO Act, Chennai. He would further submit that the petitioner has been all along regularly appearing before the Court, due to his illness, he was unable to appear before the Court on 30.12.2019 and thereby, the learned trial Judge has issued a Non Bailable Warrant. He would further submit that

the petitioner is prepared to surrender before the Court on the next hearing date and furnish the sureties and also undertakes to co-operate for speedy disposal of the case. Hence, he prays for grant of anticipatory bail to the petitioner.

3.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner did not appear before the Court and the trial Court had issued Non Bailable Warrant of arrest against the petitioner on 30.12.2019. He would submit that the option available for the petitioner is surrender before the concerned Court and file an application for recalling the warrant. Hence, he opposed for grant of anticipatory bail to the petitioner. 4.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel, this Criminal Original Petition is disposed of with a direction to the petitioner to surrender before the trial Court on 04.09.2023 at 10.30 a.m., and file an application to recall the Non Bailable Warrant and on such filing, the

learned Sessions Judge shall consider and pass an order on the same day of surrender taking into consideration the merits of the case. 25.08.2023 vkr Note: Issue order copy on 29.08.2023

RMT.TEEKAA RAMAN, J.

vkr 25.08.2023