Madras High CourtCRL OP/3083/2021disposed of

Narayanan @ Thanasekar v. State Rep By

2021-02-17Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3083 of 2021 Narayanan @ Thanasekar (A1) .. Petitioner Vs.

State represented by .. Respondent Inspector of Police, Civil Supplies Criminal Investigation Department, Aanaimalai Police Station, Pollachi, Coimbatore District.

(Crime No.1 of 2012) Prayer: Criminal Original Petitions filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in C.C.No.3 of 2013 pending trial on the file of the learned Judicial Magistrate No.IV, Coimbatore. For Petitioner : Mr.T.R.Ravi For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(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 Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of Essential Commodities Act, 1955 in C.C.No.3 of 2013 on the file of the learned Judicial Magistrate No.IV, Coimbatore, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner is facing trial in C.C No.3 of 2013 on the file of the learned Judicial Magistrate No.IV, Coimbatore. Since he did not appear before the trial Court on 23.04.2019, the trial Judge issued Non Bailable Warrant (NBW) 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 the petitioner was suffering from severe diabetic problem and his spinal

cord was also injured due to an accident. Hence, due to his illness he did not appear before the trial Court and the trial Court has issued NBW on 23.04.2019. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed stating that the petitioner in this case is facing trial in C.C No.3 of 2013 for the offence under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7 (i)a(ii) of Essential Commodities Act, 1955. He would further submit that the case is of the year 2013 and since the petitioner did not appear before the trial Court on 23.04.2019, the trial Judge issued NBW against the petitioner on 23.04.2019 and the petitioner is absconding since then. 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. In view of the above, this Criminal Original Petition stands closed with a direction to the petitioner to surrender before the learned Judicial Magistrate No.IV, Coimbatore, and file an appropriate petition for recalling the non-bailable warrant and the learned trial Judge shall consider the petition and pass orders on merits, on the same day.

-sd/- 17/02/2021 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 JUDICIAL MAGISTRATE IV, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CRIMINAL INVESTIGATION DEPARTMENT, AANAIMALAI POLICE STATION, POLLACHI, COIMBATORE CR.NO.1/2012 +1 CC to M/S.M.NARESH Advocate on payment of necessary charges SR.NO.1934.

CRL OP.3083/2021 Date :17/02/2021 EP-24/02/2021