Vishnu @ Vishnu Priyan v. The State Rep By Its

Crl.O.P.No.17162 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20(b) & 8(c) of the NDPS Act and Section 77 of JJ Act, in Crime No.255 of 2020, seeks anticipatory bail.

2. The petitioner is facing trial in Spl.S.C.16 of 2021 on the file of the learned Special Judge (NDPS Act), III Additional Session Court, Puducherry, offences punishable under Sections 20(b) & 8(c) of the NDPS Act and Section 77 of JJ Act, and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 30.03.2021. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 30.03.2021, the petitioner was not aware of the said case and therefore he could not be able to appear before the learned Special Judge (NDPS Act), III Additional Session Court, Puducherry, in respect of the

case in Spl.S.C.16 of 2021 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4. The learned Public Prosecutor (Pondy) would submit that the non bailable warrant has been issued against the petitioner on 30.03.2021 and the same is pending.

5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Special Judge (NDPS Act), III Additional Session Court, Puducherry, 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 Judge is directed to consider the same on merits and pass orders on the same day.

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

7. This Criminal Original Petition is disposed of accordingly. 22.07.2022 rts

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.17162 of 2022 22.07.2022