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2025 DAILYLAW 49499 (MAD)

Babu @ Kamaraj v. State Rep.by, The Inspector of Police

CRL OP/11769/2025 · 2025-04-22

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 11769 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11769 of 2025 1. Babu @ Kamaraj S/o. Ramachandra, No.38, Kuppaswamy Mudaliyar Street, Bangalore Po, Bangalore District, Karnataka 563114. Petitioner(s) Vs 1. State Rep.by, The Inspector of Police, Kalambur Police Station, Tiruvannamalai District. Cr.No.19 of 2005. Respondent(s) PRAYER Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioner on anticipatory bail to enlarge the petitioner on bail in P.R.C.No. 36 of 2014 pending trial on the file of the learned Judicial Magistrate, Arni, Tiruvannamalai District. https://www.mhc.tn.gov.in/judis CRL OP No. 11769 of 2025 For Petitioner(s): E.Sathiyaraj Elangovan M.Dhanalakshmi S. Elvin Niha For Respondent(s): Public Prosecutor ORDER The petitioner/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned Judicial Magistrate,Arni, Tiruvannamalai District, on 11.07.2016, seeks anticipatory bail. 2. According to the learned counsel for the petitioner, the summons was not issued to the petitioner and hence, he was not aware of the proceedings. 3. The learned Government Advocate (Crl.Side), however, would submit that the petitioner was aware of the proceedings and he had appeared before the learned Magistrate on summons and thereafter failed to appear. 4. Heard both sides. https://www.mhc.tn.gov.in/judis CRL OP No. 11769 of 2025 5. Considering the rival submissions, this Court is of the view that the anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the learned Judicial Magistrate,Arni, Tiruvannamalai District for recall of warrant, which may be considered by the learned magistrate, on merits and in accordance with the law. 6. With the above directions, this Criminal Original Petition is disposed of. 22-04-2025 vca Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 11769 of 2025 SUNDER MOHAN J. vca To 1.State Rep.by, The Inspector of Police, Kalambur Police Station, Tiruvannamalai District. Cr.No.19 of 2005. CRL OP No. 11769 of 2025 22.04.2025 https://www.mhc.tn.gov.in/judis