Madras High CourtCRL OP(MD)/10152/2025disposed of

Edwin Jacob v. The State Of Tamilnadu

2025-06-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. R.Edwin Jacob, (Aged 36/2025) S/o.Russel Raj

2. G.Russelraj, (Aged 59/2025) S/o.George

3. Angel Mary, (Aged 53/2025) W/o.Russelraj .. Petitioners/ Accused No. 1 to 3 Vs State of Tamil Nadu, Rep by the Inspector of Police, Puthukadai Police Station, Kanniyakumari.

(Crime No.8 of 2016) .. Respondent/Complainant For Petitioners : Mr.J.Sivaram For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/4

PRAYER :- For Anticipatory Bail in C.C.No.40 of 2018 in Crime No.8 of 2016 on the file of the Judicial Magistrate Court No.II, Kuzhithurai. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(2) of IPC, in C.C.No.40 of 2018, in Crime No.8 of 2016 on the file of the Judicial Magistrate Court No.II, Kuzhithurai, seek anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioners are arrayed as an accused in Crime No.8 of 2016 on the file of the respondent police for the alleged offences under Sections 294(b), 323, 506(2) of IPC and the same was taken on file by the learned Judicial Magistrate No.II, Kuzhithurai, in C.C.No.40 of 2018. He further submitted that the petitioners are regularly appeared before the trial Court, due to medical reason, the petitioners were unable to appear on 11.06.2025, for which Non-Bailable warrants were issued against the petitioners on 11.06.2025 in C.C.No.40 of 2018 on the file of the Judicial Magistrate Court No.II, Kuzhithurai. Further, the case was posted to 21.06.2025 for execution of the NBW. 2/4

He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court.

3. The learned Government Advocate (Crl.Side) submitted that due to nonappearance of the petitioners, the trial Court has issued a NBW on 11.06.2025.

4. Considering the facts and circumstances of the case and also the fact that Non-bailable warrants were only issued on 11.06.2025, the petitioners are directed to surrender before the trial Court and file a petition to recall the NBW. Further, the trial Court is directed to consider the said petition on the same day, and recall the Non-bailable warrants.

5.Accordingly, this Criminal Original Petition is disposed of. No costs. sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate-II, Kuzhithurai.

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2. Do Through The Chief Judicial Magistrate, Kanniyakumari District @ Nagercoil.

3.The Inspector of Police, Puthukadai Police Station, Kanniyakumari.

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

ORDER

IN CRL OP(MD) No.10152 of 2025 Date :18/06/2025 HPS/11.07.2025 /4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4