Madhankumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.19490 of 2020 Madhankumar ... Petitioner Vs.

The State Rep. by Inspector of Police, B-1 Sivakanchi Police Station.

(Crime No. 1456 of 2012) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in the Non-Bailable Warrant issued in S.C.No.145 of 2016 in Crime No.1456 of 2012 on the file of the Principal District Judge, Chengalpattu pending trial.

For Petitioner : Mr.K.Manikandan For Respondent : Mr.S.Karthikeyan Addl. 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 in the Non-Bailable Warrant issued on 19.12.2017 in S.C.No.145 of 2016 in Crime No.1456 of 2012 on the file of the Principal District Judge, Chengalpattu for the offence under Section 302 of I.P.C., pending trial, seeks anticipatory bail.

2. It is a case of jumped bail. The petitioner who is A13 in this case is facing trial in S.C No.145 of 2016 on the file of the Principal District Court, Chengalpattu. Since he did not appear before the trial Court on 19.12.2017, the 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 he met with an accident and completely bedridden, due to which, totally paralysed. Hence, the petitioner did not appear before the Court on 19.12.2017 and thereby, the trial Court has issued NBW. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed stating that the petitioner who is A13 in this case is facing trial in S.C No.145 of 2016 on the file of Principal District Court, Chengalpattu. He would further submit that the case is of the year 2016 and since the petitioner did not appear before the trial Court https://hcservices.ecourts.gov.in/hcservices/

on 19.12.2017, the trial Judge issued NBW against the petitioner and the petitioner is absconding for more than 3 years. He would further submit that due to his absence, there is no progress in the trial. He would further submit that it is open to the petitioner to surrender before the concerned Court and file a petition for recalling the NBW.

5. As the non-bailable warrant pending against the petitioner, without approaching the concerned court seeking for recalling the non-bailable warrant, the petitioner cannot seek anticipatory bail. In view of the above, this Criminal Original Petition stands closed with a direction to the petitioner to surrender before the Principal District Judge, Chengalpattu within a period of two weeks from the date of receipt of the copy of this order and file an appropriate petition for recalling the non-bailable warrant and the learned trial Judge shall consider the petition and pass appropriate orders on merits, on the same day.

-sd/- 07/01/2021 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 PRINCIPAL DISTRICT JUDGE, CHENGALPATTU 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE B-1 SIVAKANCHI POLICE STATION, KANCHEEPURAM CC to M/S.K.MANIKANDAN Advocate on payment of necessary charges Sr.271 CRL OP.19490/2020 Date :07/01/2021 RVR 19/01/2021 https://hcservices.ecourts.gov.in/hcservices/