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2025 DAILYLAW 25929 (MAD)

Palani at Palanivel v. The state rep by. The Inspector of police

CRL OP/4173/2025 · 2025-02-18

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.4173 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 4173 of 2025 Palani @ Palanivel Petitioner(s) Vs The state rep by, The Inspector of Police, Tirukoilur Police station, Kallakurichi District. (Crime no.179 of 2008) Respondent(s) For Petitioner(s): Mr. U Kathiravan For Respondent(s): Mr. S. Balaji, Government Advocate (Crl. Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police in respect of the Non-Bailable Warrant issued by the learned Chief Judicial Magistrate at Kallakurichi in S.C.No.188 of 2024 in Crime No.179 of 2008 for the alleged offences 148, 342, 506(2), 327, 368, 347, 364(A), 120(b) r/w 109 & 149 of IPC, seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4173 of 2025 2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner herein arrayed as A8 in this case and due to his non-appearance, the Trial Court issued non-bailable warrant on 31.07.2024; that the petitioner is ready to appear and conduct the case before the Trial Court, and sought for anticipatory bail to the petitioner. 3. Learned Government Advocate (Crl. Side) appearing for the respondent police would submit that based on the complaint given by the defacto complainant, the case has been registered in Crime No.179 of 2008 for the offences under Sections 148, 342, 506(2), 327, 368, 347, 364(A), 120(b) r/w 109 & 149 of IPC; that the respondent after completion of investigation, filed final report in S.C.No.204 of 2014 before the learned Principal District and Sessions Judge, Villupuram, thereafter, the case has been transferred to learned Chief Judicial Magistrate, Kallakurichi in S.C.No.188 of 2024; that the petitioner has not appeared for the Trial, the Trial Court has issued non-bailable warrant against the petitioner on 31.07.2024 and the same is pending in S.C.No.188 of 2024. 4. Considering the representation on both sides and that the 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4173 of 2025 NBW is pending 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. Accordingly, the petitioner is directed to appear before the Trial Court by filing appropriate application to cancel the NBW issued against him and if any such application is filed, the Trial Court is directed to consider the said application on the same day on merits in accordance with law. 5. With the above directions, this criminal original petition is disposed of. 18.02.2025 stn To The Inspector of Police, Tirukoilur Police station, Kallakurichi District. (Crime no.179 of 2008) SUNDER MOHAN, J. stn 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4173 of 2025 Crl.O.P. No.4173 of 2025 18.02.2025 4/4 https://www.mhc.tn.gov.in/judis