This order disposed of Crl.O.P. No.226 of 2021 seeking anticipatory bail. The petitioner, a single accused under the NDPS Act, did not appear in court due to lockdown, leading to an NBW. The Court directed her to surrender and seek recall of the NBW rather than granting bail.
Direction to surrender and file petition for recalling NBW; matter disposed of in this Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.226 of 2021
Manjula ... Petitioner/Single Accused
-Vs-
State rep by, The Inspector of Police, NIB CID, Vellore, Vellore District. (Crime No.10 of 2019) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to grant anticipatory bail to the petitioner in the event of her arrest in C.C.No.12 of 2019 pending trial on the file of the learned Special Court for the Exclusive trial of EC Act Cases, Salem, Salem District.
For Petitioner : Mr.E.Kannadasan
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor
ORDER
(Heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.10 of 2019 on the file of the respondent police, seeks anticipatory bail.
-sd/18/01/2021
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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF EC ACT CASES, SALEM, SALEM DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE NIB CID VELLORE, VELLORE DISTRICT.
+1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.No.613
https://hcservices.ecourts.gov.in/hcservices/ cs 22/01/2021
3 issues framed by the court
Whether anticipatory bail should be granted to a single accused who failed to appear before the trial court and faced issuance of a non-bailable warrant due to national lockdown.
Whether the petitioner should surrender and seek recall of the non-bailable warrant instead of getting anticipatory bail at this stage.
How to dispose of a criminal original petition filed under Section 438 CrPC when the petitioner has a pending trial for serious narcotic offences.
Manjula
The Inspector of Police, NIB CID, Vellore
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
