Madras High CourtCRL OP(MD)/3479/2024disposed of

Karthikeyan v. The Inspector Of Police

2024-03-05Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KARTHIKEYAN ... PETITIONER / ACCUSED NO.1 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, CRIME NO.51 OF 2011.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.SUNDARAPANDIAN.S, Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF THEIR ARREST IN THE CONNECTION WITH A CASE IN CC.NO.25 OF 2014 ON THE FILE OF THE LEARNED JUDICIAL MAGISTRATE,ADDITIONAL MAHILA COURT,THENI IN CR.NO.51 OF 2011.

ORDER : The Court Made the following order :- 1/4

The petitioner / Accused No.1, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 498A, 406 and 506(i) of IPC, Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in C.C.No.25 of 2014, on the file of the Judicial Magistrate Additional Mahila Court, Theni, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.No.25 of 2014, on the file of the Judicial Magistrate Additional Mahila Court, Theni. Therefore, Non-Bailable Warrant came to be issued on 26.07.2021.

3.The learned counsel appearing for the petitioner would submit that due to his inability, he could not appear before the lower Court and hence NBW was issued issued against him on 26.07.2021. 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 trial Court, the absconding charge sheet has been filed. Thereafter, non bailable warrant was issued against him on 26.07.2021.

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 Magistrate concerned and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant 2/4

of arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6. Considering the fact that non bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the Judicial Magistrate Additional Mahila Court, Theni, 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 Magistrate Additional Mahila Court, Theni, 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/- 05/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, THENI DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, 3/4

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :05/03/2024 PKP/GS/SAR /14.03.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4