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2025 DAILYLAW 17555 (MAD)

Manikandan v. State Rep By, The Inspector of Police

CRL OP/1933/2025 · 2025-02-18

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.1933 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP Nos.1933 & 1934 of 2025 In both cases: Manikandan S/o.Perumal, No.204/35, Thideer Nagar, Saidapet, Chennai-15 Petitioner(s) Vs State Rep By, The Inspector of Police, Selaiyur Police Station, Chennai District. (Crime Nos.129/2011 & 128/2011) Respondent(s) In both cases : For Petitioner(s) : M/s. P. Muhamizh Selvakumar For Respondent(s): Mr. S. Balaji, Government Advocate (Crl.side). COMMON ORDER The petitioner, who apprehends arrest at the hands of the respondent police in respect of the Non-Bailable Warrant issued by the learned Judicial Sub- Court, Tambaram in S.C.No.69 of 2014 and S.C.No.35 of 2014, in Crime No.129 of 2011 and in Crime No.128 of 2011, for the alleged offence under Section 397 of IPC, and Sections 296(b) and 307 of IPC, respectively, seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1933 of 2025 2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner is accused in both cases, and due to his non-appearance, the Trial Court issued a non-bailable warrant against him on 20.03.2018. The petitioner is now ready to cooperate with the trial proceedings, and therefore, he prays for the grant of anticipatory bail to the petitioner. 3. Learned Government Advocate (Cr Side) appearing for the respondent police would submit that based on the complaint given by one Tmt.A. Padma, a case in Crime No.128 of 2011 has also been registered for the offences under Sections 294(b), 341, 307 of IPC against the petitioner. Upon investigation, it was revealed that the petitioner had several cases pending against him, including 9 cases at the Saidapet Police Station and 25 cases at the Kotturpuram Police Station. In the present case, after completing the investigation, the respondent Police filed a final report in P.R.C.No.29 of 2011 and P.R.C.No.48 of 2011 in the respective crime numbers before the Sub-Court, Tambaram, which were taken on file in S.C.No.69 of 2014 and S.C.No.35 of 2014, respectively. Since the petitioner failed to appear for the Trial, the Trial Court issued a non-bailable warrant against the petitioner on 02.06.2016 in both cases and the cases are pending. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1933 of 2025 4. Considering the representations made by both sides and the pending NBW against the petitioner, it is appropriate to direct the petitioner to appear before the Trial Court where NBW is pending, by filing an appropriate petition to cancel the non-bailable warrant issued in both cases. Accordingly, the petitioner is directed to appear before the Trial Court by filing appropriate applications to cancel the NBW issued against him. If such an application is filed in both cases, the Trial Court is directed to consider the said applications on the same day on its merits in accordance with law. 5. With the above directions, these Criminal Original Petitions are disposed of. 18-02-2025 klt To State Rep By, The Inspector of Police, Selaiyur Police Station, Chennai District. (Crime Nos.129/2011 & 128/2011) 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1933 of 2025 SUNDER MOHAN, J. klt CRL OP Nos.1933 & 1934 of 2025 18-02-2025 4/4 https://www.mhc.tn.gov.in/judis