Madras High CourtCRL OP(MD)/8597/2025disposed of

J. Sakthivel 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

1. J.Sakthivel

2. J.Muthuvel

3. A.Jeevanantham

4. J.Dhanapackyam

5. Gowsikhan

6. Loganathan

7. Subbaiyyan

8. Thirumeni ... Petitioners Vs State of Tamilnadu Rep. by the Inspector of Police, Adiramapattinam Police Station, Pattukottai, Thanjavur Tamilnadu - 614 701.

... Respondent For Petitioners : M/s.K.P.Madhu For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.711 of 2021 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in C.C.No.64 of 2024 on the file of the learned Judicial Magistrate, Pattukottai, for the offences punishable under Sections 452, 366 and 380 of IPC in Crime No.711 of 2021, seek anticipatory bail.

2. The petitioners were absent during the trial in C.C.No.64 of 2024 on the file of learned Judicial Magistrate, Pattukottai. Therefore, Non-Bailable Warrant came to be issued.

3. The learned counsel appearing for the petitioners would submit that as against the petitioners 6 and 7, a petition to re-call the warrant has been filed and the warrant has been re-called. The learned counsel appearing for the petitioners also 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 Judicial Magistrate, Pattukottai, on the next date of hearing and to file a petition under Section 72 of 2/4

BNSS (Section 70(2) Cr.P.C.), to re-call NBW already issued against them. On the filing of such petition, 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 Petition is 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.

ogy TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

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2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3. The Inspector of Police, Adiramapattinam Police Station, Pattukottai, Thanjavur Tamilnadu - 614 701.

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

+1 CC to M/s.K.P.MADHU, Advocate ( SR-5352[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8597 of 2025 Date :08/05/2025 MK/SAR /16.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4