Nandhakumar @ Nandha v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 15.10.2022 for the alleged offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act, in Crime No.383 of 2019 on the file of the respondent police pending trial in C.C. No.176 of 2019 on the file of learned Special Judge under NDPS Act at Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 15.10.2022 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that as the petitioner has no knowledge about the present case and no notice served on him to appear before the court below in C.C.No.176 of 2019, on 04.03.2020, he was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner,

thereby he was detained under PT warrant on 15.10.2022 on execution of non-bailable warrant. He would submit that he is an innocent person and he has been falsely implicated in this case. He would submit that he has not at all committed any offence and he is ready to abide any condition that may be imposed by this court. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that as he was not appeared before the trial court, the learned Magistrate issued PT warrant and subsequently, the petitioner was arrested on 15.10.2022 on execution of PT warrant. He would submit that the petitioner absconded for more than two years and there are 20 previous cases including 6 NDPS cases pending against him and now, with great difficulty, he was secured. He would submit that all the cases are at the stage of trial and they will complete the trial as early as possible. Hence, if he is released on bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and also the fact that the petitioner absconded for more than two years and with great difficulty, he was secured and the fact that there are 20 previous cases including 6 NDPS cases pending against him and now all the cases are at the stage of trial, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 20.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 20.01.2023