Vibin@Pappi v. The Inspector Of Police

CRL OP(MD)No.9028 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.9028 of 2023 Vibin @ Pappi ... Petitioner/Accused NO.1 Vs State rep by The Inspector of Police, Kadayalumoodu Police Station, Kanyakumari District.

Cr.No.114 of 2020 ... Respondent/Complainant For Petitioner : Mr.M.Sankar,Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.114 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police in C.C.No.316 of 2021 on the file of the District and Sessions Court for EC & NDPS Act Cases, Madurai for the offences punishable under Sections 20(b)(ii)(c), 25, 8(c) of the Narcotics Drugs and Psychotropic Substances Act 1985 in Crime No.114 of 2020, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C.No.316 of 2021 on the file of the District and Sessions Court for EC & NDPS Act Cases, Madurai. Therefore, Non-Bailable Warrant came to be issued.

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CRL OP(MD)No.9028 of 2023 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 & NDPS Act Cases, Madurai on 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/- 27/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE DISTRICT AND SESSIONS JUDGE FOR EC & NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE KADAYALUMOODU POLICE STATION, KANYAKUMARI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9028 of 2023 Date :27/06/2023 PKP/MMS/SAR- /11.07.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2