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Madras High CourtCRL OP/3229/2023dismissed

Nandhakumar @ Nandha v. The Inspector Of Police

2023-02-13Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 15.10.2022 for the alleged offences punishable under Sections 8(c), 20 b (ii) (B) of NDPS Act, in Crime No.383 of 2019, 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 the petitioner would submit that the petitioner is an innocent person and he has no knowledge about the present case and no notice was 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 ready to appear before the Court regularly and to co-operate for the trial. Hence, he prays for grant of bail to the petitioner.

4. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner was not appeared before the trial Court, the learned Magistrate had issued PT warrant and the petitioner was arrested on 15.10.2022 on execution of PT warrant. He also submits that there is 20 previous cases are pending against the petitioner and he is absconding for more than two years, now with great difficulty, he was secured. Hence, if he is released on bail, there is a possibility of hampering the investigation and tampering the evidence Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on

record.

6. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner is absconding for more than two years and he is having 20 previous cases including 6 NDPS cases, this Court is not inclined to grant bail to the petitioner. 8.Considering the facts and circumstance of the case, this Court directs the trial Court to dispose of the case as early as possible from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition stands dismissed.

13.02.2023 jai

T.V.THAMILSELVI,J.

jai 13.02.2023