Madras High CourtCRL OP/29991/2022granted

Micky Vanderputt v. The Inspector Of Police

2022-12-05Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner in Crl.O.P.No.29991 of 2022, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 397 and 506(ii) of IPC in S.C.No.439 of 2018, seeks anticipatory bail.

The petitioner in Crl.O.P.No.29994 of 2022, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 365, 506(ii) @ 341, 365, 307 & 506(ii) r/w 34 of IPC in S.C.No.440 of 2018, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is facing trial in S.C.Nos.439 and 440 of 2018 pending on the file of the learned XXII Additional Judge, City Civil Court, Chennai. He would further submit that the petitioner has been all along regularly appearing before the Court, due to his illness, he was unable to appear before the Court on 14.11.2018 and thereby, the learned trial Judge has

issued a Non Bailable Warrant. He would also reiterate that the petitioner has been all along regularly appearing before the court and he is ready to surrender before the trial Court and execute the sureties and also cooperate for the speedy disposal of the trial. Therefore, he prays for grant of bail to the petitioner.

3.The learned Government Advocate (Crl.Side) 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 14.11.2018. He would submit that the option available for the petitioner is surrender before the concerned Court and file an application for recalling the warrant. Hence, he opposed for grant of anticipatory bail to the petitioner.

4.Heard the learned counsel for the petitioner as well as the learned Government Advpcate (crl.side) for the respondent 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, these Criminal Original Petitions are disposed of with a direction to the petitioner to surrender before the trial Court and file an application to recall the Non Bailable Warrant and the learned Magistrate shall pass an order on the same day of surrender and the petitioner shall also file an affidavit of undertaking that he will co-operate for speedy disposal of the trial. 05.12.2022 vkr T.V.THAMILSELVI,J.

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05.12.2022