Nagarathinam v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Nagarathinam S/o Jayavel, H.No. 35/1, Chengam Salai, Santhaimedu, Pudupalayam, Tiruvannamalai District.

..Petitioner(s) Vs State rep. by Inspector of police Puthupalayam Police Station, Salem District.

(Crime No.33 of 2021) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Spl.C.C. No.95 of 2024 on the file of the Additional District Judge and Presiding Officer, Special Court under the EC Act, Salem.

For Petitioner(s):

Mr. R.Parthiban For Respondent(s):

MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )

ORDER

The petitioner, who apprehends arrest pursuant to a Non Bailable Warrant issued by the Additional District Judge and Presiding Officer, Special Court under the EC Act, Salem on 12.02.2025, seeks anticipatory bail.

2. According to the learned counsel for the petitioner, the petitioner had sustained minor injuries and was unable to communicate with his advocate, therefore, he was not aware of the proceedings.

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

4. I have given my anxious consideration to either side submissions. 5.Considering the rival submissions, this Court is of the view that it is not desirable to grant anticipatory bail against the non-bailable warrant issued by the Court for the absence of the accused. However, the petitioner is at liberty to approach the Additional District Judge and Presiding Officer, Special Court under the EC Act, Salem, seeking recall of the warrant. On such application being filed, the Additional District Judge and Presiding Officer, Special Court under the EC Act, Salem, shall consider the same on merits and in accordance with law on the very same day.

6.

With the above directions, this Criminal Original Petition is dismissed.

01-06-2026 DRL

To 1.The Inspector of police Puthupalayam Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 01-06-2026