Madras High CourtCRL OP(MD)/15165/2024disposed of

S.Jegadesan v. The State Of Tamilnadu

2024-09-06Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY S.Jegadeesan ... Petitioner/Sole Accused Vs The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

(Crime No.Not Known of 2024) ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Prayer:- To enlarge the petitioner on bail in the event of his arrest or surrender in a Non Bailable Warrant issued on 10.06.2024 against the petitioner in (in S.C.No.466 of 2023 on the file of the 48th Metropolitan Magistrate Court, Andheri, Mumbai) in connection with Crime No.Not Known of 2014 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused who apprehends arrest at the hands of the respondent 1/4

police for the offence under section 138 of Negotiable Instruments Act, in (in S.C.No.466 of 2023 on the file of the 48th Metropolitan Magistrate Court, Andheri, Mumbai) in Crime No.Not Known of 2024 on the file of the respondent police seeks interstate anticipatory bail.

2. The petitioner is facing trial in S.C.No.466 of 2023 on the file of the 48th Metropolitan Magistrate Court, Andheri, Mumbai. Due to his non-appearance, non bailable warrant was issued against him on 10.06.2024 and the same was received by the respondent police. Hence, this petition.

3.The learner counsel for the petitioner submits that in a private complaint filed for the offence under Section 138 of Negotiable Instruments Act, non bailable warrant has been issued and there is an imminent threat of arrest to the petitioner. The petitioner intends to approach the appropriate jurisdictional court with appropriate relief so as to enable him to approach the appropriate court by way of interim relief, he has approached this Court by way of interstate anticipatory bail. 4.On the perusal of the papers filed along with the petition, it can be seen that the non bailable warrant has been issued on 10.06.2024 and therefore, there is an imminent threat of execution of the said warrant and there is an imminent threat of arrest.

5. Taking into consideration the facts and circumstances of the case, this Court 2/4

is inclined to grant interstate interim anticipatory bail to the petitioner for a period of three weeks from the date of receipt of a copy of this order to enable him to move to the concerned Court.

6.Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of three weeks, on condition that the petitioner shall surrender before the respondent police within a period of fifteen days from the date on which the order copy made ready and the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Thousand only) to the satisfaction of the respondent. Further, within three weeks from the date of receipt of a copy of this order, the petitioner shall approach the competent Court at Mumbai and seek appropriate relief. 7.The protection granted by this Court shall come to an end with the period of three weeks from the date of receipt of a copy of this order.

8. The protection granted by this Court will also come to an end upon any appropriate orders passed by the concerned jurisdictional court. 9.With the above directions, this Criminal Original Petition is disposed of. sd/- 06/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE 48TH METROPOLITAN MAGISTRATE, ANDHERI, MUMBAI.

4 THE INSPECTOR OF POLICE, SOOLAKKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.LENINKUMAR, Advocate ( SR-11017[I] dated 09/09/2024 ) ORDER IN CRL OP(MD) No.15165 of 2024 Date :06/09/2024 SA/SG/SAR. /14.09.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4