Madras High CourtCRL OP(MD)/2993/2024disposed of

Sundar v. The Inspector Of Police

2024-02-27Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 SUNDAR 2 KRISHNA VENI 3 AYYAMMAL 4 SURESH 5 JEYA ... PETITIONER/ACCUSED NO.1,2,4,5,7 Vs THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT.

CR.NO.318/2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.S.BALAJI, Advocate For Respondent : MR.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.318/2018 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 294(b), 506(i) of I.P.C., 1/3

and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in C.C.No.639 of 2023 before the learned Judicial Magisrate, Thirumangalam, seeks anticipatory bail.

2. The petitioner was absent during the trial in C.C.No.639 of 2023 before the learned Judicial Magisrate, Thirumangalam. Therefore, Non-Bailable Warrant came to be issued on 26.09.2023.

3. The learned counsel appearing for the petitioner would submit that since the petitioner did not appear before the lower Court and hence NBW was issued issued against him on 26.09.2023. However, his non appearance is neither wilful nor wanton.

4. The learned Government Advocate (Crl.Side) would submit that since the petitioner did not appear before the learned Judicial Magisrate, Thirumangalam, the absconding charge sheet has been filed. Thereafter, non bailable warrant was issued against him on 26.09.2023.

5. In view of the above position, this Court is of the opinion that the relief available to the petitioner is to surrender before the learned Judicial Magisrate, Thirumangalam, and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant of arrest issued against him on 26.09.2023. Therefore, the question of granting anticipatory bail does not at all arise. 2/3

6. Considering the fact that non bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the learned Judicial Magisrate, Thirumangalam, and file a petition under Section 70(2) of Cr.P.C. to recall the non bailable warrant. On filing of such petition, the learned Judicial Magisrate, Thirumangalam, is directed to consider the said petition on merits and pass orders on the same day.

7. Accordingly, this Criminal Original Petition is disposed of. sd/- 27/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Date :27/02/2024 RS/JGB/SAR-(14.03.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3