Dilip @ Dilipkumar v. Inspector Of Police

Crl.O.P.No.19153 of 2023 Crl.O.P.No.19153 of 2023 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 S.C.No.20 of 2019 on the file of the learned Additional District Judge, Fast Track Court, Villupuram for the offences punishable under Sections 120-B, 449, 302, 109 of I.P.C in Crime No.528 of 2018, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted the petitioner is accused No.3 facing trial in S.C.No.20 of 2019 on the file of the learned Additional District Judge, Fast Track Court, Villupuram. 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 27.04.2023 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 cooperate for speedy disposal of the case. Hence, he prays for grant of anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.19153 of 2023 RMT.TEEKAA RAMAN,J., nvi 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 27.04.2023. 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 and file a necessary 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 nvi Crl.O.P.No.19153 of 2023 https://www.mhc.tn.gov.in/judis