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.12745 of 2022

SATHIYA @ SATHIYARAJ

[ PETITIONER / ACCUSED ]

Vs

THE INSPECTOR OF POLICE

[ RESPONDENT ]

MAYILADUTHURAI POLICE STATION,

MAYILADUTHURAI DISTRICT.

CRIME NO. 703 OF 2005.

For Petitioner : M/S.R.THAMARAISELVAN Advocate

For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side)

Assisted 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 341, 302

r/w.34, 120(b) IPC in Crime No.703 of 2005, seeks anticipatory bail.

The petitioner is facing trial in S.C.No.274 of 2008 before the

learned Sessions Judge, Mayiladuthurai and for his non-appearance NBW

was issued on 21.10.2021.

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.274 of 2008 and hence, non bailable warrant issued against the

petitioner on 21.10.2021. 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 has been issued against the petitioner on

21.10.2021 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

October 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 one of the cases pending against the petitioner viz.,

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, 08.06.2022. On filing of such petition, the concerned learned

Additional District and Sessions Judge, Mayiladuthurai is directed to

consider the same on merits and pass