Karupayi v. The Inspector Of Police

CRL OP(MD). No.6826 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6826 of 2023 Karupayi ... Petitioner / Accused No.4 Vs., State rep., by The Inspector of Police, NIB-CID Police Station, Dindigul District.

(crime No.140 of 2004).

... Respondent / Complainant For Petitioner : Mr.R.Alagumani, Advocate For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.140 of 2004 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A4 apprehends arrest at the hands of the respondent police in C.C.No.54 of 2005 on the file of the learned District and Sessions Court for EC and NDPS Act Cases, Madurai, for the offences punishable under Sections 8(c) r/w 20(b) 2 (B) of NDPS Act, in Crime No.140 of 2004, seeks anticipatory bail. 2.The petitioner was absent during the trial in C.C.No.54 of 2005 on the file of the District and Sessions Court for EC and NDPS Act Cases, Madurai. Therefore, Non-Bailable Warrant came to be issued.

3.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4.Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the District and Sessions Court for EC and NDPS Act Cases, Madurai, on https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.6826 of 2023 the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On the filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits and in accordance with law and pass orders on the same day.

5.With the above direction, this Criminal Original Petition is disposed of. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of NonBailable 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.

sd/- 19/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK To 1.The Judge, District and Sessions Court for EC and NDPS Act Cases, Madurai.

2.The Inspector of Police, NIB, CID Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.ALAGUMANI. R, Advocate ( SR-6248[I] dated 20/04/2023 )

ORDER

IN CRL OP(MD) No.6826 of 2023 Date :19/04/2023 ED/CG/SAR-3 (27/04/2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2