Chandrasekar v. State Rep .By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Chandrasekar ... Petitioner Vs State, rep. by the Inspector of Police, Central Crime Branch, Chennai District.

(CC No.24346 of 2004).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the event of his arrest in connection with C.C.No.24346 of 2004 pending on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases and CBCID Metro cases.

For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Page No.1 of 4

Police pursuant to Non Bailable Warrant issued by the learned Metropolitan Magistrate for exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Chennai, seeks anticipatory bail. 2.The learned counsel for the petitioner submits that on completion of investigation, the respondent Police filed charge sheet before the Court below and C.C.No.24346 of 2004 assigned and the case was taken up for trial. Since the petitioner was failed to appear before the Court below on 27.10.2017, NBW issued against him. He further submits that the petitioner engaged an Advocate to appear on his behalf before the trial Court, but unfortunately the said Advocate failed to follow the case. Since the absence of the petitioner is neither wilful nor wanton, anticipatory bail may be granted to the petitioner.

3.Learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the petitioner failed to appear before the trial Court either in person or by any counsel, hence NBW was issued against him. He further submits that the case is of the year 2004 and the petitioner has been dragging on the case for the past 21 years. Hence, he strongly opposed for anticipatory bail.

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4.Considering the nature of the allegation and the case is of the year 2004, this Court is not inclined to grant anticipatory bail to the petitioner. It is for the petitioner to approach the trial Court and file appropriate petition for recalling NBW.

5.With the above observation, this Criminal Original Petition stands disposed of.

27.06.2025 vv2 To 1.The Metropolitan Magistrate for exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Chennai.

2.The Inspector of Police, Central Crime Branch, Chennai District.

3.The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J.

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