Nandakumar v. State B

RMT.TEEKAA RAMAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 406, 420, 467, 468, 471, 506(i) of IPC in Crime No.20 of 2020 pending trial in C.C.No.170 of 2022 on the file of the learned Judicial Magistrate-I, Poonamallee, seek anticipatory bail.

2.The learned counsel for the Petitioners submitted that the petitioners are the accused facing trial in C.C.No.170 of 2022, on the file of the learned Judicial Magistrate-I, Poonamallee. He would further submit that the petitioners were unable to appear before the Court on 16.11.2022 and thereby, the learned trial Judge has issued a Non Bailable Warrant. He would further submit that the petitioners are 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 petitioners.

3.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioners did not appear before

the Court and the trial Court had issued Non Bailable Warrant of arrest against the petitioners on 22.09.2022. He would submit that the option available for the petitioners is to surrender before the concerned Court and file an application for recalling the warrant. Hence, he opposed for grant of anticipatory bail to the petitioners. 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 petitioners to surrender before the trial Court on 04.10.2023 at 10.30 am, on condition that the petitioners shall deposit a sum of Rs.1,000/- (Rupees One thousand only) each to the District Legal Services Authority, Thiruvallur District 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-I, Poonamallee shall consider and pass an order on the same day of surrender taking into consideration the merits of the case.

15.09.2023 mpl

RMT.TEEKAA RAMAN, J.

mpl 15.09.2023