Manikandan v. The Inspector Of Police

Crl.O.P.No.20145 of 2023 RMT.TEEKAA RAMAN, J.

The Petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 & 506 (ii) of IPC in connection with C.C.No.232 of 2017, pending on the file of the learned Judicial Magistrate, Vandavasi in Crime No.83 of 2016 seek anticipatory bail. 2.The case of the prosecution is that the first Petitioner had borrowed a gold jewel from the Defacto Complainant, for the purpose of pledging it, to meet out the family expenses. But he failed to return the same. Hence the Defacto Complainant lodged a complaint against him on 04.06.2016, while so the Petitioners stopped her and assaulted her and threatened her with dire consequences.

3.The learned counsel for the Petitioner would submit that the case of the prosecution is false, the Petitioners have not involved in any offence. Charge sheet has already been filed before the learned Judicial Magistrate, Vandavasi and the same was taken on file as C.C.No.232 of 2017. Since the Petitioners have not attended the Court below on 30.05.2023, the trial Court has issued Non Bailable Warrant against the Petitioners. Hence, the learned 1/4

counsel for the Petitioners prays for grant of anticipatory bail to the Petitioner. 3.The learned Government Advocate (Crl. Side) would submit that since the Petitioners did not appear before the Court below, the trial Court had issued Non Bailable Warrant against the Petitioners on 30.05.2023. He would further submit that the option available for the Petitioners 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 Petitioners. 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 the jurisdictional Court viz., the Judicial Magistrate, Vandavasi has already issued Non Bailable Warrant to the Petitioners, this Criminal Original Petition is disposed of with a direction to the Petitioners to surrender before the trial Court at 10.30 am and file an application to recall the Non Bailable Warrant and the learned Judicial Magistrate, Vandavasi shall pass an order on the same day of surrender and the Petitioners shall also file an affidavit of 2/4

undertaking that they will co-operate for speedy disposal of the trial. 05.09.2023 sai 3/4

RMT.TEEKAA RAMAN, J.

sai Crl.O.P.No.20145 of 2023 Dated: 05.09.2023 4/4