Madras High CourtCRL OP/8634/2017dismissed

Prabakaran, Aged 27 Years, v. State Rep. By,

2017-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8634 of 2017 IN S.C.NO.76 OF 2014 [ON THE FILE OF THE ASSISTANT SESSIONS JUDGE CUM SUB-ORDINATE JUDGE, METTUR ] PRABAKARAN, [ PETITIONER / ACCUSED ] Vs STATE REP. BY, [ RESPONDENT ] INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.

For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard both sides.

2. The petitioner is alleged to have committed offence under Sections 147 IPC and 3(1) of TNPD Act.

3. Learned counsel for the petitioner submits that the petitioner was granted bail and due to ill health he could not appear and therefore, NBW was issued against him and he is innocent of the offences and he is having permanent residence and therefore, he may be granted Anticipatory Bail.

4. Learned Government Advocate (Crl. side) opposes this application contending that the petitioner jumped bail and NBW was issued on 13.06.2016. For want of this petitioner, the case could not be proceeded with as against other accused.

5. Considering the fact that the petitioner jumped bail and has not appeared for several months and for want of this petitioner, the case could also not be proceeded with as against the other accused, this Court is not inclined to grant anticipatory bail. Hence, this

petition is dismissed. The trial court is directed to dispose of the Sessions case within three months from the date of receipt of a copy of this order.

-sd/- 04/05/2017 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 ASSISTANT SESSIONS JUDGE CUM SUB -ORDINATE JUDGE, METTUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.

+1 CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges-Sr.8391 CRL OP.8634/2017 Date :04/05/2017 ths : 09.05.2017