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Madras High CourtCRL OP(MD)/8512/2025allowed

Rengaramesh v. The State Of Tamilnadu

2025-05-08Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD)Nos.8512 and 8520 of 2025 Rengaramesh ... Petitioner in Rengakumar ... Petitioner in Crl OP(MD)No.8520 of 2025 Vs State of Tamil Nadu, Rep. By the Sub Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District, (Crime No.165 of 2015) ... Respondents in both cases For Petitioners : Mr.N.Pandivelrajan (In both cases) For Respondent : Mr.B.Thanga Aravindh (In both cases) Government Advocate (Crl.Side) 1/4

PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS COMMON PRAYER :- For Anticipatory Bail in Cr.No.165 of 2015 on the file of the respondent police. COMMON ORDER : The Court made the following order :- The petitioners/Accused Nos.6 and 7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506(ii) of IPC and Section 4 Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.165 of 2015, on the file of the respondent police, seek anticipatory bail. 2.The petitioners were absent during the trial in C.C.No.738 of 2022 on the file of the learned District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District. Therefore, Non-Bailable Warrant came to be issued. 3.The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

4.Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District, on the next hearing and to file a petition under Section 72(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, (70(2) of Cr.P.C.,) to recall NBW already issued against them. On the filing of such petition, 2/4

the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day. 5.With the above direction, this Criminal Original Petitions are disposed of. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of Non-Bailable Warrant and any crime committed while pending Non-Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1.The District Munsif cum Judicial Magistrate Court, Ottapidaram, Thoothukudi District.

2.Do through the Chief Judicial Magistrate,Thoothukudi District. 3.The Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District. 3/4

4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8512 of 2025 Date :08/05/2025 PP/26.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4