Sathiya @ Sathiyaraj v. Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 25(1)(B) of the Indian Arms Act, 1959 in connection with P.R.C.No.17 of 2023 on the file of the learned Judicial Magistrate, Mayiladuthurai in Crime No.307 of 2008 on the file of the Respondent police, seeks anticipatory bail.

2.The learned counsel for the Petitioner submitted that the Petitioner is the accused facing trial in P.R.C.No.17 of 2023 on the file of the learned Judicial Magistrate, Mayiladuthurai.

He would further submit that the Petitioner was unable to appear before the Court on 16.08.2023 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 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 16.08.2023. He would submit that the option available for the Petitioner is surrender before the concerned Court and file an application for 1/ 3

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 or before 04.10.2023 at 10.30 am, on condition that the Petitioner shall deposit a sum of Rs.1,000/- (Rupees thousand only) to the Legal Aid Department, Mayiladuthurai and file a necessary application to recall the Non Bailable Warrant and on such filing of Petition and production of receipt, the learned Judicial Magistrate shall consider and pass an order on the same day of surrender taking into consideration the merits of the case. 15.09.2023 sai 2/ 3

RMT.TEEKAA RAMAN, J.

sai Dated: 15.09.2023 3/ 3