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2016 Supreme(Mad) 2760

P.DEVADASS
Nithin Nair – Appellant
Versus
State rep. by The Inspector of Police, CBI/ACB, Chennai – Respondent


Advocates Appeared:
For the Appellant : M/s. A.S.Shangeetha
For the Respondent: Mr. S.Jayakumar Special Public Prosecutor for CBI Cases

ORDER :

As the issue involved is connected in both the revisions, they are heard together and are being disposed of by this common order.

2. The ACB of CBI, Chennai is prosecuting the petitioner/A1 in C.C.Nos.6 and 5 of 2016 before the learned Chief Judicial Magistrate, Madurai for his alleged commission of certain offences.

3. The case has reached the stage of conducting of further proceedings under Sections 239-240 Cr.P.C. He was on bail. He has executed surety bonds. Subsequently, he vanished into their air. So also his partner in crime/A2. In order to achieve progress in the trial of the case enforcing their attendance, the trial Court issued NBWs as against A1 and A2. As against the petitioner/A1, NBW has been issued on 05.03.2016.

4. A2 surrendered before the trial Court hoping to return home, but he was sent to a different home/prison as he was remanded to judicial custody. Thereafter, after a great deal of legal battle, A2 came out on bail.

5. Resultantly A1 got frightened. So, he do not want to follow the suit of his partner. He sought for anticipatory bail under Section 438 Cr.P.C., apprehending arrest under NBW. But in his more, he did not succeed. Thereafter, he filed Cr.M.P




















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