Madras High CourtCRL OP/18664/2020disposed of

Sathish @ Sathishbabu v. State

2020-12-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18664 of 2020 Sathish @ Sathish Babu .. Petitioner Vs.

The State rep. by The Inspector of Police Guduvancherry Police Station Chennai.

..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his in connection with S.C No.70 of 2015 pending on the file of the Chief Judicial Magistrate, Chengalpet. For Petitioner : Mr.M.Ganesh Babu For Respondent : Mr.M.Mohamed Riyaz Additional 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 294(b), 392, 397 and 506(ii) of IPC in Crime No.659 of 2014, pursuant to the NBW issued by the Chief Judicial Magistrate in S.C No.70 of 2015 dated 17.06,2017, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner who is A1 in this case, along with two other accused are facing trial in S.C No.70 of 2015 on the file of the Chief Judicial Magistrate, Chengalpet, for the offences under Section 294(b), 392, 397 and 506(ii) of IPC. Since the petitioner did not appear before the learned Chief Judicial Magistrate on 17.06.2017, the learned 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 illness, the petitioner did not appear before the Court on 17.06.2017 and thereby, the trial Court has issued NBW against him. Therefore, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the petitioner who is A1 in this case has been absconding for the past 3 years and above and due to his absence, there is no progress in the trial. He would further submit that the option available to the petitioner is that he could surrender before the concerned Court and file a petition for recalling the NBW.

5. In view of the above, this Criminal Original Petition stands disposed of with a direction to the petitioner to surrender before the Chief Judicial Magistrate, Chengalpet and file an appropriate petition for recalling the non-bailable warrant and the learned trial Judge shall consider the petition for recalling the NBW and pass orders on merits of the case on the same day. -sd/- 10/12/2020 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 CHIEF JUDICIAL MAGISTRATE CHENGALPET 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, GUDUVANCHERRY POLICE STATION, CHENNAI.

CC to M/S.M.GANESHBABU Advocate on payment of necessary charges Sr.8193 CRL OP.18664/2020 Date :10/12/2020 RVR 15/12/2020 https://hcservices.ecourts.gov.in/hcservices/