Madras High CourtCRL OP/19371/2023disposed of

Dharuman v. Inspector Of Police

2023-09-15Honourable Mr Justice Rmt. Teekaa Raman3 pages

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 8(c), r/w.20(b)(ii)(B) of NDPS Act in Spl.SC.No.62 of 2020, pending trial on the file of the learned III Additional District Judge, Puducherry in connection with Crime No.112 of 2018, seeks bail.

2.The learned counsel for the Petitioner submitted that the Petitioner is the accused facing trial in Spl.SC.No.62 of 2020, on the file of the learned III Additional District Judge, Puducherry. He would further submit that the Petitioner was unable to appear before the Court on 22.10.2021 and thereby, the learned trial Judge has issued a Non Bailable Warrant. He would further submit that the Petitioner is prepared to surrender before the Court and furnish the sureties and also undertakes to co-operate for speedy disposal of the case. Hence, he prays for grant of anticipatory bail to the Petitioner. 3.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the Petitioner did not appear before the Court and the trial Court had issued Non Bailable Warrant of arrest against the Petitioner on 22.10.2021. He would submit that the option available for the Petitioner is surrender before the concerned Court and file an application for 1/ 3

recalling the warrant. Hence, he opposed for grant of anticipatory bail to the Petitioner.

4.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel, this Criminal Original Petition is disposed of with a direction to the Petitioner to surrender before the trial Court at 10.30 am, on condition that the Petitioner shall deposit a sum of Rs.2,000/- (Rupees two thousand only) to the Legal Aid Department, Tiruvannamalai District and file a necessary application to recall the Non Bailable Warrant and on such filing of Petition and production of receipt, the learned III Additional District Judge, Puducherry shall consider and pass an order on the same day of surrender taking into consideration the merits of the case.

15.09.2023 sai 2/ 3

RMT.TEEKAA RAMAN, J.

sai Dated: 15.09.2023 3/ 3