Madras High CourtCRL OP/394/2021disposed of

Venkatesh @ Venkatasubramaniam v. State Rep By

2021-02-10Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.394 of 2021 Venkatesh @ Venkatasubramaniam ... Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, B-6 Singanallur Police Station Coimbatore District.

(Crime No.964 of 2009) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in S.C.No.51 of 2012 pending trial before the Principal District Judge, Coimbatore on such terms and conditions.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 302 and 201 of IPC on the file of the respondent police, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner who is A1 in this case is facing trial in S.C No.51 of 2012 on the file of the learned Principal District Judge, Coimbatore. Since he did not appear before the trial Court on 06.02.2012, the trial Judge issued Non Bailable Warrant against the petitioner and pursuant to which, the petitioner has approached this Court seeking for anticipatory bail.

3. The learned counsel for the petitioner would submit that due to his family condition, the petitioner did not appear

before the Court on 06.02.2012 and thereby, the trial Court has issued NBW. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed stating that the petitioner who is A1 in this case is facing trial in S.C No.51 of 2012 for the offences under Sections 302 and 201 of IPC. He would further submit that the case is of the year 2012 and since the petitioner did not appear before the trial Court on 06.02.2012, the trial Judge issued NBW against the petitioner and the petitioner is absconding for more than 9 years. He would further submit that due to his absence, there is no progress in the trial. He would further submit that it is open to the petitioner to surrender before the concerned Court and file a petition for recalling the NBW.

5. As the non-bailable warrant pending against the petitioner, without approaching the concerned court seeking for recalling the non-bailable warrant, the petitioner cannot seek anticipatory bail. In view of the above, this Criminal Original Petition stands closed with a direction to the petitioner to surrender before the learned Principal District Judge, Coimbatore within a period of two weeks from the date of receipt of the copy of this order and file an appropriate petition for recalling the nonbailable warrant and the learned trial Judge shall consider the petition and pass appropriate orders on merits, on the same day. -sd/- 10/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, B-6,SINGANALLUR POLICE STATION, COIMBATORE DISTRICT.

+1 CC to M/S M.N.BALAKRISHNAN Advocate on payment of necessary charges SR NO. 1395 CRL OP.394/2021 Date :10/02/2021 MN-18/02/2021