Madras High CourtCRL OP(MD)/3618/2024disposed of

Samathana Prabhu v. The Inspector Of Police

2024-03-06Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SAMATHANA PRABHU ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE NIBCID, DINDIGUL, DINDIGUL DISTRICT.

CRIME NO.136/2015.

... RESPONDENT/COMPLAINANT For Petitioner :

MR.S.MUTHUCHHARAN, Advocate for M/S.P.THANGA PRITHVIRAJAN, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER :

TO DIRECTING THE PETITIONER TO BE RELEASED ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH C.C.NO.162 OF 2016 ON THE FILE OF THE LEARNED ADDITIONAL PRINCIPAL JUDGE FOR EC AND NDPS CASES, MADURAI FORTHWITH.

ORDER : The Court Made the following order :- The petitioner / Accused, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 8(c), 20(b)(ii)(c), 25 of NDPS Act, in C.C.No.162 of 2016, on the file of the learned Additional Principal 1/3

Judge for EC and NDPS Act Cases, Madurai, seeks anticipatory bail.

2. The petitioner was absent during the trial in C.C.No.162 of 2016, on the file of the learned Additional Principal Judge for EC and NDPS Act Cases, Madurai. Therefore, Non-Bailable Warrant came to be issued.

3. The learned counsel appearing for the petitioner would submit that since the petitioner could not appear before the lower Court and hence NBW was issued issued against him. However, his non appearance is neither wilful nor wanton.

4. The learned Additional Public Prosecutor would submit that since the petitioner did not appear before the trial Court, the absconding charge sheet has been filed. Thereafter, non bailable warrant was issued against him.

5. In view of the above position, this Court is of the opinion that the relief 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.

6. Considering the fact that non bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the learned Additional Principal Judge for EC and NDPS Act Cases, Madurai, and file a petition under Section 70(2) of Cr.P.C. to recall the non bailable warrant. On filing of such petition, 2/3

the learned Additional Principal Judge for EC and NDPS Act Cases, Madurai, is directed to consider the said petition on merits and pass orders on the same day.

7. Accordingly, this Criminal Original Petition is disposed of. sd/- 06/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE ADDITIONAL PRINCIPAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIBCID, DINDIGUL, DINDIGUL DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Date :06/03/2024 RS/JGB/SAR-(14.03.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3