Disposed

Boopathi v. the State Rep.by

Madras HC2 Sept 2024CRL OP/21246/2024

Case brief

AI extract

What is this about?

The petitioner, facing a non-bailable warrant in a Domestic Violence case, sought anticipatory bail citing illness. The High Court disposed of the petition by directing the petitioner to file an application to cancel the warrant and instructed the Trial Court to decide it on the same day.

What did the court decide?

Disposal of bail petition with direction to apply for cancellation of NBW and a mandate to the Trial Court to hear the application on the same day.

Boopathi Vs the State Rep.by — Domestic Violence | Madras HC (2024)

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Crl.O.P.No.21246 of 2024

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Crl.O.P.No.21246 of 2024

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P.DHANABAL, J.

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The petitioner who apprehends arrest by the respondent police in respect of the Non-Bailable warrant issued by the learned Judicial Magistrate Vandavasi, Tiruvannamali District in C.M.P.No.3616 of 2023 in D.V.C. No.4 of 2021 for the alleged offences under Sections 12,18,19 and 22 of the Domestic Violence Act 2005, seeks anticipatory bail.

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When the matter was taken up for hearing today, the learned

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counsel appearing for the petitioner submitted that the petitioner, due to his illness could not attend the trial and due to his non-appearance, the trial Court has issued non-bailable warrant and the same is pending before the Trial Court and the petitioner is ready to surrender and hence, he seeks anticipatory bail.

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The learned Government Advocate (Criminal Side) appearing for

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the respondent police submits that the Trial Court has issued non-bailable warrant against the petitioner for his non-appearance and the same is pending in C.M.P.No.3616 of 2023.

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P.DHANABAL, J,

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1/2

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21246 of 2024

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vca

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Considering the representations made by both sides and

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considering the fact that the Non Bailable Warrant (NBW) is pending as against the petitioner, it is appropriate to direct the petitioner to appear before the Trial Court by filing a petition to cancel the Non Bailable Warrant (NBW) and if any such application is filed, the Trial Court is directed to consider the said application on the same day on merits and in accordance with law.

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With the above directions, this criminal original petition is

disposed of.

02.09.2024

vca

The Judicial Magistrate Vandavasi, Tiruvannamalai District

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The Inspector of Police, B-1, Thiruvallur Town Police Station, Thiruvallur

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The Public Prosecutor, High Court, Madras.

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Crl.OP.No.21246 of 2024

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2/2

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https://www.mhc.tn.gov.in/judis

Boopathi v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Boopathi v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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