Kaleeshwaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 13158 of 2025 Kaleeshwaran ..Petitioner/ Accused No.4 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Avaniyapuram Police Station, Madurai City.

(Crime No.1009 of 2014) Respondent(s) For Petitioner(s):

Mr.C.Mayil Vahana Rajendran For Respondent(s):

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1009 of 2014 on the file of the Respondent Police.

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ORDER : The Court made the following order :- This is the second application. The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 324 and 302 of IPC r/w Section 149 of IPC, in Crime No.1009 of 2014 on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner submitted that due to jaundice and taking continuous treatment in Kerala State, the petitioner was not able to appear before the trial Court during the trial. Hence, NBW was issued. Hence, he seeks anticipatory bail to the petitioner.

3.The learned Additional Public Prosecutor appearing for the respondent Police Submitted 2/6

that this is the second application. He further submitted that the petitioner has not complied with the earlier order passed by this Court dated 14.03.2023 in Crl.O.P.(MD).No.4733 of 2023.

4.After hearing the arguments made on either side, this Court already issued direction to the petitioner to appear before the learned V Additional District and Sessions Judge, Madurai, on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. But, the same has not been complied with by the petitioner. Since the earlier order passed by this Court dated 14.03.2023 in Crl.O.P.(MD).No.4733 of 2023, has not been complied with by the petitioner, this court is inclined to dismiss this petition.

5.Accordingly, this Criminal original petition is dismissed. However, the petitioner is 3/6

directed to surrender before the learned V Additional District and Sessions Judge, Madurai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned sessions Judge is directed to consider the same on its own merits and in accordance with law.

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To 1.The learned V Additional District and Sessions Judge, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.13158 of 2025 Date : 09.09.2025 6/6