Disposed¶27

Siva Alias Vendayampatti Siva Alias Trichy Siva v. State Rep. by, the Inspector of Police

Madras HC6 Feb 2025CRL OP/1276/2025

Case brief

AI extract

What is this about?

Anticipatory bail refused; Non Bailable Warrant recall; Crl.OP.No.1276 of 2025; High Court of Judicature at Madras; Sunder Mohan J.; 06.02.2025; Section 482 Bharatiya Nyaya Sanhita 2023; P.R.C.No.09 of 2023; Judicial Magistrate No.I Karaikal; Crime No.01 of 2017; T.R.Pattinam Police Station; Karaikal; Puducherry; petitioner Siva @ Vendayampatti Siva @ Trichy Siva; summons not issued contention; disposed of with directions to approach Magistrate for warrant recall.

What did the court decide?

Anticipatory bail was not granted; the petitioner was given liberty to approach the learned Judicial Magistrate No-I, Karaikal for recall of the Non Bailable Warrant, to be considered by the learned Magistrate on the same day on merits and in accordance with law. ¶27

Siva Alias Vendayampatti Siva Alias Trichy Siva Vs State Rep. by, the Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail can be granted to the petitioner, who apprehends arrest pursuant to a Non Bailable Warrant issued by the learned Judicial Magistrate No.I, Karaikal in connection with Crime No.01 of 2017 / P.R.C.No.09 of 2023. +1 more

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Court's answer

This Court held that anticipatory bail cannot be granted to the petitioner.

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Ratio / Principle

The petitioner is at liberty to approach the learned Judicial Magistrate No-I, Karaikal for recall of warrant, which shall be considered by the learned Magistrate on the same day on merits and in accordance with the law.

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Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.), Crl.OP.No.1276 of 2025, decision dated 06.02.2025: A Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023 sought anticipatory bail for the petitioner/accused (Siva @ Vendayampatti Siva @ Trichy Siva), who apprehended arrest pursuant to a Non Bailable Warrant issued by the learned Judicial Magistrate No.I, Karaikal, in P.R.C.No.09 of 2023 arising out of Crime No.01 of 2017 of T.R.Pattinam Police Station, Karaikal, Puducherry. While counsel for the petitioner contended that summons was never issued and the petitioner was unaware of the proceedings, the Government Advocate (Crl.Side) contended that the petitioner had appeared before the Magistrate on summons and thereafter failed to appear. Considering the rival submissions, the Court held that anticipatory bail could not be granted, but granted the petitioner liberty to approach the learned Judicial Magistrate No-I, Karaikal for recall of warrant, to be considered by the learned Magistrate on the same day on merits and in accordance with law. The criminal original petition was disposed of with these directions.

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Crl.OP.No.1276 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.OP.No.1276 of 2025

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Siva @ Vendayampatti Siva @ Trichy Siva ... Petitioner

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Vs.

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State represented by The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Karaikal District. Puducherry. (Crime No.01 of 2017). ... Respondent Prayer : Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in P.R.C.No.09 of 2023 on the file of Judicial Magistrate No.I, Karaikal, in connection with Crime No.01 of 2017 on the file of the respondent police.

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For petitioner : M/s.R.Sasikumar For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

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O R D E R

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The petitioner/accused, who apprehends arrest pursuant to an Non Bailable Warrant issued by the learned Judicial Magistrate No.I, Karaikal,

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Page No.1 of 4

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

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Crl.OP.No.1276 of 2025

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seeks anticipatory bail.

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2.According to the learned counsel for the petitioner, the summons

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was not issued to the petitioner and hence, he was not aware of the proceedings.

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The learned Government Advocate (Crl.Side), however, would submit that the petitioner was aware of the proceedings and he had appeared

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before the learned Magistrate on summons an thereafter failed to appear.

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Heard both sides.

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5.Considering the rival submissions, this Court is of the view that the

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anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the learned Judicial Magistrate No-I, Karaikal, for recall of warrant, which shall be considered by the learned Magistrate on the same day on merits and in accordance with the law.

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Page No.2 of 4

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

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Crl.OP.No.1276 of 2025

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With the above directions, this criminal original petition is disposed of .

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06.02.2025

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Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No dpa To 1.The Judicial Magistrate No.I, Karaikal. 2.The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Karaikal District. Puducherry. 3.The Public Prosecutor, Puducherry.

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Page No.3 of 4

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

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Crl.OP.No.1276 of 2025

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SUNDER MOHAN, J.

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dpa

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Crl.OP.No.1276 of 2025