Madras High CourtCRL OP/19239/2022disposed of

D.S.Sathyasai v. State Rep By

2022-08-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

Crl.O.P.No.19239 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 406, 420, 506(ii) & 5 of TNPID Act, 1997 in CC.No.2 of 2022, seeks anticipatory bail.

2. The petitioner is facing trial in C.C.No.2 of 2022 on the file of the learned Special Court under TNPID (in Fin.Estts.) Act, 1997 at Coimbatore for the offences punishable under Sections 120B, 406, 420, 506(ii) & 5 of TNPID Act, 1997 and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 29.07.2022. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 29.07.2022, due to illness, the petitioner was not able to appear before the learned Special Court under TNPID (in Fin.Estts.) Act, 1997 at Coimbatore in respect of the case in C.C.No.2 of 2022 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 Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 29.07.2022 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 Court under TNPID (in Fin.Estts.) Act, 1997 at Coimbatore 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 Judicial Magistrate 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. 12.08.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.19239 of 2022 12.08.2022