Manoj v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.32597 of 2025 Manoj ... Petitioner Vs.

State Rep. by:

The Inspector of Police H-5 New Washermenpet Police Station, Chennai.

... Respondent Crime No.299 of 2022 PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.299 of 2022 on the file of respondent police.

For Petitioner : Mr.V.Sriram For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner herein apprehending arrest at the hands of the respondent police for the offence under Sections 120(b), 302, 147, 148 r/w 149 of IPC pending trial in S.C.No.241 of 2023 in respect of Crime No.299 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution is that the petitioner has been arrayed as an accused No.6 in Crime No.299 of 2022 under Sections 120(b), 302, 147, 148 r/w 149 of IPC and after filing charge sheet, the same was pending before the learned I Additional Session Judge, City Civil Court, Chennai. Thereafter, the petitioner did not appear before the lower Court regularly. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner on 10.11.2025 and the same is pending.

3. The learned counsel appearing for the petitioner would submit that the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that the lower Court has issued Non-Bailable Warrant against the petitioner on 10.11.2025 and the same is pending. He would further submit that the case is pending for trial from the year 2022. Hence, he vehemently opposed to grant bail to the petitioner.

5. The petitioner was arrested and released on bail in Crime No.299

of 2022. After completion of investigation, the respondent filed final report and the same has been taken cognizance in S.C.No.241 of 2023 pending on the file of the learned I Additional Session Judge, City Civil Court, Chennai. However, the petitioner was absent before the trial court. As such, Non Bailable Warrant was issued against him and the same is pending.

6. Considering the above facts and circumstances of the case and also considering that while pending NBW, this Court is not inclined to grant bail to the petitioner. However, he is directed to surrender and file recall petition before trial Court and it is further directed that the trial Court shall pass orders on the recall petition on the same day on merits.

7. Accordingly, this Criminal Original Petition is dismissed. 01.12.2025 kmm

K.RAJASEKAR J.

kmm To

1. The I Additional Session Judge, City Civil Court, Chennai.

2. The Inspector of Police H-5 New Washermenpet Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.32597 of 2025 01.12.2025