Madras High CourtCRL OP/18830/2020granted

Vasu v. State Rep By

2021-01-04Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.18830 of 2020 Vasu

...Petitioner

Vs.

State rep. By ..Respondent Inspector of Police, Chengalpattu Taluk Police Station Kancheepuram District.

(Crime No.383 of 2008) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest on execution of warrant issued dated 06.01.2015 in connection with pending trial in C.C.No.162 of 2010 on the file of Judicial Magistrate No.II at Chengalpattu. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan, Addl. Public Prosecutor,

ORDER

The petitioner, who appreheds arrest at the hands of the respondent police for the offences punishable under Sections 430 and 379 of IPC r/w Section 21 of Mines and Minerals Act and Section 3(1) of TNPPDL Act, in Crime No.383 of 2019, seeks anticipatory bail.

2. The learned Government Advocate would submit that the non bailable warrant has been issued against the petitioner on 06.01.2015 and the same is pending.

4. Considering the fact that a NBW is pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is directed to appear before the learned Judicial Magistrate No.II, Chengalpattu, within a period of two weeks from the date of receipt of the copy of this order and to file a petition under Section 70(ii) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned Magistrate, is directed to consider the same on merits and pass orders on the same day.

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5. This criminal original petition is disposed of accordingly.

-sd/- 04/01/2021 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 JUDICIAL MAGISTRATE, NO.II, CHENGALPATTU.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CHENGALPATTU TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

+1 CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges SR NO.61 CRL OP.18830/2020 Date :04/01/2021 MN-07/01/2021 https://hcservices.ecourts.gov.in/hcservices/