IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Twenty Seventh day of May Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice M. NIRMAL KUMAR

CRIMINAL ORIGINAL PETITION No.12740 of 2022

IN

SC.NO.216/2018

(ON FILE OF THE ADDITIONAL ASSISTANT SESSIONS JUDGE, MAYILADUTHURAI)

SATHIYA @ SATHIYARAJ

[ PETITIONER / ACCUSED ]

Vs

STATE BY THE INSPECTOR OF POLICE

[ RESPONDENT ]

MAYILADUTHURAI POLICE STATION,

MAYILADUTHURAI DISTRICT

(CRIME NO.131/2018)

For Petitioner : M/S.R.THAMARAISELVAN Advocate

For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

ASST BY M/S R.S.NIRANJAN PUBLIC PROSECUTOR

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest at the hands of the

respondent police for the offences punishable under Sections 397 and

392 I.P.C. and 27(1) @ 25(1-B) r/w.3 of ARMS Act, 1959, in Crime

No.131 of 2018, seeks anticipatory bail. The petitioner is facing

trial in S.C.No.216 of 2018 before the learned Additional Sessions

Judge, Mayiladuthurai and for his non-appearance NBW was issued on

09.11.2021.

2. The learned counsel appearing for the petitioner would submit

that the petitioner fell sick and thereafter due to COVID-19

restrictions he was unable to appear before the learned Additional

District and Sessions Judge, Mayiladuthurai in respect of the case in

S.C.No.216 of 2018 and hence, non bailable warrant issued against the

petitioner on 09.11.2021. He would further submit that the said

absence is neither willful nor wanton and he undertakes that the

petitioner shall appear before the Court below regularly on all

future hearing dates without fail and co-operate with the trial.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl. Side) would submit that

the non bailable warrant was issued against the petitioner on

09.11.2021 and the same is pending. The learned Government Advocate

(Crl. Side) would further submit that a Special Team has been formed

to secure the petitioner shortly and hence opposed for grant of

anticipatory bail to the petitioner.

4. It is seen that the Non-Bailable Warrant is pending from

November 2021, so far the respondent police are unable to secure the

petitioner. Now the petitioner had come forward to recall the Non-

Bailable Warrant and undertakes to co-operate with the trial. It is

seen that the case pending against the petitioner in S.C.No.216 of

2018 is at the advanced stage of questioning under Section 313

Cr.P.C. Further keeping the case pending for execution of Non-

Bailable Warrant would only delay the progress of the trial. In view

of the same, this Court is inclined to grant anticipatory bail to the

petitioner with certain conditions.

5.

Accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance, within a period of

fifteen days from the date on which the order copy made ready, before

the learned Additional District and Sessions Judge, Mayiladuthurai,

on condition that the petitioner shall execute a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a

like sum to the satisfaction of the respondent police or the police

officer who intends to arrest or to the satisfaction of the learned

Judge concerned, failing which, the petition for anticipatory bail

shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their

photographs and Left Thumb Impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank pass Book

to ensure their identity.

[b] the petitioner shall file a petition to recall Non-Bailable

Warrant already issued against him on or before the next hearing date

i.e, 17.06.2022. On filing of such peti