Kuruvi @ Sakthivel v. The State Repby Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19402 of 2021 S.C.NO.17 OF 2021 (On the file of the Learned Principal Special Judge for EC & NDPS Act at Villupuram) KURUVI @ SAKTHIVEL [ PETITIONER / ACCUSED ] Vs THE STATE REPBY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT CR NO.164/2020 For Petitioner : M/S.S.SARAVANAKUMAR Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner has filed this petition seeking anticipatory bail in SC.No.17 of 2021 on the file of the learned Principal Special Judge for EC & NDPS Act Cases at Villupuram.

2.The case of the prosecution is that the petitioner is facing trial for the offence under Section 20(b)(ii)(B) of NDPS Act in SC.No.17 of 2021 on the file of the learned Principal Special Judge for EC & NDPS Act Cases at Villupuram, and since he did not appear before the Court, non bailable warrant was issued against him on 19.08.2021. Hence, the present petition has been filed for Anticipatory bail against the issuance of NBW against the petitioner by the learned Principal Special Judge for EC & NDPS Act Cases at Villupuram.

3.The learned counsel for the petitioner submitted that the

Learned Special Judge issued Non-bailable warrant without noting the reasons for the absence of the petitioner. He further submitted that for mere non appearance on a single day, issuing NBW for securing the petitioner is wholly unsustainable. In view of the above, this Court may pass appropriate orders in line with the said orders.

4. Considering the facts and circumstances of the case, due to non appearance of the petitioner, NBW was issued. However it is to be pointed out that the remedy available to the petitioner is to surrender before the learned Magistrate concerned and to file a petition under Section 70(2) of Cr.P.C. to recall the Non Bailable Warrant of Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

5. Considering the fact that non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Principal Special Judge for EC & NDPS Act Cases at Villupuram and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Principal Special Judge for EC & NDPS Act Cases at Villupuram is directed to consider the said petition on merits and pass orders on the same day. In view of the above observation this petition is closed.

-sd/- 25/10/2021 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 SPECIAL JUDGE, EC & NDPS ACT CASES, VILLUPURAM 2 THE INSPECTOR OF POLICE, TIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SARAVANAKUMAR Advocate on payment of necessary charges CRL OP.19402/2021 Date :25/10/2021 APN 29/10/2021