Nigel Fabin White, v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12631 of 2022 IN (*)P.R.C.NO.41 of 2018 (ON THE FILE OF THE LEARNED JUDICIAL MAGISTRATE, ARAKKONAM, VELLORE DISTRICT) (*)NIGEL FABIN WHITE [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAKKONAM TOWN POLICE STATION, VELLORE DISTRICT.

For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) [DATED:26/05/2022] : M/S.V.J.PRIYADARSANA, Govt.Advocate (Crl. Side) [CRL.MP.NO.7183/2022 IN CRL.OP.NO.12631/2022, DATED: 10/06/2022] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the offence under Section 395 of I.P.C in Crime No.549 of 2014 on the file of the respondent police in (*)P.R.C.NO.41 of 2018 , on the file of the learned Judicial Magistrate, Arakkonam, Vellore District, seeks anticipatory bail.

2.The learned counsel for the petitioner would submit that the petitioner is a resident of Arakkonam and he has been residing there from the year 2014 along with his parents. The petitioner is arrayed as A3 in (*)P.R.C.NO.41 of 2018 and he was not aware about the case pending against him in Crime No.549 of 2014 and he was never called

for any enquiry in the said case. Now only he came to understand that he has been shown as an absconding accused in (*)P.R.C.NO.41 of 2018 and also NBW has been issued against him. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the petitioner would appear before the Court below regularly on all future hearing dates without fail. 3.The learned Government Advocate (Crl.Side) appearing for the respondent would admit that the petitioner was neither arrested nor called for enquiry in Crime No.549 of 2014 during the investigation. 4.Considering the submissions of both the learned counsel and the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Arrakonam, within a period of two weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.

5.Accordingly, this Criminal Original Petition is disposed of. -sd/- 26/05/2022 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.

(*)Amended as per order of this Court dated made in CRL.MP.NO.7183 of 2022 in CRL.OP.NO. 12631 of 2022 BY The Hon`ble Mr Justice G.K. ILANTHIRAIYAN.

TO 1 THE JUDICIAL MAGISTRATE, ARRAKONAM 2 THE INSPECTOR OF POLICE, ARAKKONAM TOWN POLICE STATION, VELLORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.8889 CRL OP.12631/2022 Date :26/05/2022 RVR 31/05/2022 CSK 17/06/2022