Madras High CourtCRL OP/32374/2022granted

K.Agoram v. Inspector Ofpolice

2023-01-03Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b) and 307 of IPC in S.C.No.145 of 2019, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner, who is arrayed as A1, is facing trial in S.C.No.145 of 2019 for the alleged offence under Sections 147, 148, 294(b) and 307 IPC, pending on the file of the learned Additional District Judge, Mayiladuthurai. He further submitted that the petitioner has been regularly appearing before the Court on all hearing dates and due to his absence on 22.12.2022, Non Bailable Warrant was issued against him and the petition filed by the petitioner under Section 317 Cr.P.C was also dismissed. He also submitted that the petitioner is now ready and willing to surrender before the Court and furnish the sureties and also ready to co-operate with the progress of the trial. Hence, he prays for grant of anticipatory bail to the petitioner.

3.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner is arrayed as accused No.1 in S.C.No.145 of 2019 on the file Additional District Judge, Mayiladuthurai. Since the petitioner did not appear before the trial Court on 22.12.2022, the trial Court had issued Non Bailable Warrant of arrest against the petitioner. 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 Advocate (crl.side) and perused the entire materials availble on record.

5.In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. However, a direction is issued to the petitioner to surrender and file an application for recalling the Non Bailable Warrant and the learned trial Judge is directed to consider and pass orders on the same day taking into consideration the merits of the case.

6.With the above direction, this petition stands disposed of. 03.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 03.01.2023