Mathivanan v. The State, Rep. By

Crl.O.P.Nos.5744 and 5746 of 2024 C.V.KARTHIKEYAN , J.

The petitioners/A6 & A7 have filed Crl.O.P.No.5744 of 2024 and the petitioner/A10 has filed Crl.O.P.No.5746 of 2024, both in crime No.5 of 2021 registered by the respondent police for the offences punishable under Sections 406, 420 and 120 B of IPC and Section 5 of TNPID Act.

2. It is stated that the respondent had filed their final report after completing investigation, this has been taken cognizance as C.C.No.2 of 2024 by the learned Special Court under TNPID Act. It is also stated that in the final report, the petitioners have been categorized as absconding accused. Subsequently, the Court had also issued Non-bailable Warrant, which is still pending.

3. The learned counsel for the petitioners stated that the summons had not been received from the said Court, but the records can be examined only by the said Court and this Court can never come to a conclusion whether summons had been issued or not.

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4. In view of that particular fact, anticipatory bail would not lie. The petitioners have to subjudicate themselves to the jurisdiction to the Special Court under TNPID Act at Chennai.

5. Taking all those factors into consideration, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.

6. The petitioners are directed to surrender at 10.30 a.m., on any day before the trial Court and if records are available, then an endeavour may be made to dispose of the application to surrender on the same day, but however, if records are not available, then the learned Special Judge for TNPID Court, Chennai may endeavour to dispose it of at the earliest. 08.03.2024 rjr 2/3

C.V.KARTHIKEYAN , J.

rjr Crl.O.P.Nos.5744 and 5746 of 2024 08.03.2024 3/3