R.Citybabu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4867 of 2021 R.Citybabu ... Petitioner Vs.

The State Rep. by its ... Respondent The Inspector of Police, E-8 Kelambakkam Police Station, Chennai.

(Crime No.4 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest for Non-Bailable Warrant issued in S.C.No.147 of 2011 on the file of the learned Addl. District Judge, Chengalpattu. For Petitioner : Mr.A.E.Ravichandran 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 Sections 147, 148, 336, 323, 364, 302 of I.P.C. r/w 149, 201 r/w 302, 149 of I.P.C., in Crime No.4 of 2011 on the file of the respondent police, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner who is A5 in this case is facing trial in S.C. No.147 of 2011 on the file of the learned Addl. District Judge, Chenglepet. Since he did not appear before the trial Court on 30.10.2018, 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 30.10.2018 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 A5 in this case is facing trial in S.C No.147 of 2011 for the offences under Sections 147, 148, 336, 323, 364, 302 I.P.C. r/w 149, 201, r/w 302, 149 of I.P.C. He would further submit that the case is of the year 2018 and since the petitioner did not appear before the trial Court on 30.10.2018, the trial Judge issued NBW against the petitioner and the petitioner is absconding for more than 5 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 Addl. District Judge, Chengalpet 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 non-bailable warrant and the learned trial Judge shall consider the petition and pass appropriate orders on merits, on the same day.

-sd/- 11/03/2021 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 ADDITIONAL DISTRICT JUDGE, CHENGALPATTU.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, E-8, KELAMBAKKAM POLICE STATION, CHENNAI.

+1 CC to M/S. A.E.RAVICHANDRAN Advocate on payment of necessary charges SR.NO.3226.

CRL OP.4867/2021 Date :11/03/2021 EP-16/03/2021