Madras High CourtCRL OP/11447/2025disposed of

Dhilip @ Dhilip Kumar v. State Rep.By Its, The Inspector Of Police,

2025-04-17Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Dhilip @ Dhilip Kumar

...Petitioner/Accused

Vs.

The State represented by, The Inspector of Police, T-14 Managadu Police Station, Chennai.

(Crime No.35 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, to enlarge the petitioner on bail, in the event of the arrest of the Petitioner in C.C. No.265 of 2021 on the file of I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in Crime No.35 of 2020 on the file of the respondent police.

For Petitioner : Mr.Veera Narayanan For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner/accused, who apprehends arrest pursuant to a Non Bailable Warrant issued by the I Additional Special Judge, Special Court for Exclusive Trial of Cases under NDPS Act, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that due to health issues, the petitioner was not able to appear before the Trial Court on 10.07.2024.

3. The learned Government Advocate (Crl.Side), however, would submit that the petitioner was aware of the proceedings and he had appeared before the learned Magistrate on summons and thereafter failed to appear.

4. Heard both sides.

5. Considering the rival submissions, this Court is of the view that the anticipatory bail cannot be granted. However, the petitioner is at liberty to approach the learned I Additional Special Judge, Special Court for Exclusive Trial of Cases under NDPS Act for recall of warrant, which shall be considered by the learned Judge on merits and in accordance with the law. 2/4

6. With the above directions, this Criminal Original Petition is disposed of. 17.04.2025 rkp To 1.The Inspector of Police, T-14 Managadu Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

3. The I Additional Special Judge, Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.

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SUNDER MOHAN, J.

rkp 17.04.2025 4/4