S.Rajmohan v. The State Rep By Its,
SATHI KUMAR SUKUMARA KURUP., J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4, 10, 12 of POCSO Act, pursuant to a non bailable warrant issued by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai in S.C.No.68 of 2022, seek anticipatory bail.
2. It is a case of jumped bail. The case of the prosecution is that due to non appearance of the petitioner on 20.09.2022, the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai has issued a Non Bailable Warrant as against the petitioner. Thereby, the present application for grant of anticipatory bail has been filed.
3. The learned counsel for the Petitioner submitted that due to illness, the petitioner was unable to appear before the Court on 20.09.2022, thereby, the learned trial Judge has issued a non bailable warrant of arrest as against the petitioner. He further submitted that the petitioner will regularly appear before 1/4
the trial Court. Therefore, he prays for grant of anticipatory bail to the Petitioners.
4. The learned Government Advocate (Crl. Side) submitted that the petitioner is alleged to have jumped the bail. He further submitted that earlier he was granted bail, and thereafter, he had not appeared before the Court. Therefore, he vehemently opposed for grant of anticipatory bail to the Petitioners.
5. Considering the submission made by the learned Government Advocate (crl.side), the Petitioner is directed to surrender before the learned Special Judge, Special Court for POCSO Cases, Chennai, within 15 days from the date of receipt of a copy of this order and file appropriate Petition seeking cancellation of the Non-Bailable Warrant or filing Bail Petition. The learned Special Judge, Special Court for POCSO Cases, Chennain on filing of the appropriate Petition by the Petitioner/Accused, shall pass appropriate order as per law.
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6. With the above direction, this Criminal Original Petition stands disposed of.
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SATHI KUMAR SUKUMARA KURUP., J.
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