K.N.Vanchinathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI K.N.VANCHINATHAN ... PETITIONER / ACCUSED Vs THE INSPECTOR OF POLICE ROYAPPANPATTI POLICE STATION UTHAMAPALAYAM THENI DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.SREENIVASAN.M.R Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- TO GRANT ANTICIPATORY BAIL OR ANY APPROPRIATE ORDER AS AGAINST THE NBW ISSUED IN STC NO.1515/2023 ON THE FILE OF THE JUDICIAL MAGISTRATE COURT, UTHAMAPALAYAM ON 06.02.2024. ORDER : The Court Made the following order :- The petitioner / Accused, who is facing trial in S.T.C.No.1515 of 2023 on the file of the learned Judicial Magistrate, Uthamapalayam, for the offence punishable under 1/4

Section 31 of the Protection of Women from Domestic Violence Act, seeks anticipatory bail.

2. The petitioner was absent during the trial in S.T.C.No.1515 of 2023 on the file of the learned Judicial Magistrate, Uthamapalayam. Therefore, Non-Bailable Warrant came to be issued on 06.02.2024.

3. The learned counsel appearing for the petitioner would submit that since the petitioner could not appear before the lower Court, NBW was issued issued against him on 06.02.2024. However, his non appearance is neither wilful nor wanton.

4. The learned Government Advocate (Criminal Side) would submit that since the petitioner did not appear before the trial Court, non bailable warrant was issued against him on 06.02.2024.

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 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 learned Judicial Magistrate, Uthamapalayam and file a petition under Section 70(2) of Cr.P.C. to recall 2/4

the non bailable warrant. On filing of such petition, the learned Judicial Magistrate, Uthamapalayam 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/- 26/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE ROYAPPANPATTI POLICE STATION UTHAMAPALAYAM 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-3719[I] dated 26/03/2024 ) 3/4

ORDER

IN Date :26/03/2024 SA/VR/SAR. /04.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4