V.Santosh v. The State Of Tamilnadu,

Crl.O.P.No.24486 of 2022 SATHI KUMAR SUKUMARA KURUP., J.

The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 495 and 506(i) of IPC in Crime No.167 of 2019, seek anticipatory bail.

2. It is a case of jumped bail. The case of the prosecution is that on 29.07.2022 due to non appearance of the petitioners, the learned Judicial Magistrate I, Poonamallee issued a Non Bailable Warrant to the petitioners. On 21.09.2022, the petitioners were voluntarily surrendered before the learned Judicial Magistrate and the Court was returned the petition on the ground that supporting documents were not filed. On 28.09.2022, the petitioners were surrendered before the Court below and the Court below had returned the petition on the grounds that the petitioners were absent on 23.09.2022 and the stage of the case is 313 questioning, hence, the petition is returned.

3. The learned counsel for the Petitioners submitted that the Petitioners are law abiding citizens and the petitioners are willing to co operate with the trial. He further submitted that they are innocent persons and that they did not 1/4

commit any offence as they have been vehemently contesting the case right from beginning and ready to get along with the trial. Hence, he prays for grant of anticipatory bail to the Petitioners.

4. The learned Government Advocate (Crl. Side) submitted that the petitioners are alleged to have jumped the bail. On 29.07.2022 Non Bailable Warrant was issued to the Petitioners due to non appearance. On 28.09.2022, the Court below had returned the petition on the ground that the petitioners were absent on 23.09.2022 and the stage of the case is 313 questioning. 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 Petitioners are directed to surrender before the learned Judicial Magistrate No.I, Poonamallee, within 15 days from the date of receipt of a copy of this order and file appropriate Petition seeking cancellation of Non-Bailable Warrant or filing Bail Petition. The learned Judicial Magistrate No.I, Poonamallee, on filing of the appropriate Petition by the Petitioners/Accused, shall pass appropriate order as per law. 2/4

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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