ORDER :

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Cr.M.P.No. 628 of 2019 in C.C.No. 333 of 2018 dated 22.02.2019 on the file of the learned Additional Sessions Judge and Principal Special Judge for NDPS ACT Cases, Madurai and set aside the same.

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Cr.M.P.No. 4452 of 2019 in C.C.No. 408 of 2019 dated 12.11.2019 on the file of the learned Additional Sessions Judge and Principal Special Judge for NDPS ACT Cases, Madurai and set aside the same.

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Cr.M.P.No. 634 of 2019 in C.C.No. 333 of 2018 dated 22.02.2019 on the file of the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai and set aside the same.

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(a) The Criminal Original Petition in Crl.O.P.(MD).No. 813 of 2020 has been filed challenging the order passed by the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai in Cr.M.P. No. 4452 of 2019 in C.C.No. 408 of 2019 dated 12.11.2019, permitting the respondent, Rajendran, to execute a bond under Section 88 CrPC on his first appearance.

(b) The Criminal Original Petition in Crl.O.P.(MD).No. 809 of 2020 has been filed challenging the order passed under Section 70(2) CrPC by the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai in Cr.M.P.No. 628 of 2019, recalling the non-bailable warrant issued against the respondent in C.C.No. 333 of 2018, wherein, the respondent, Markandan, was shown as absconding accused in the final report filed by the petitioner.

(c) The Criminal Original Petition in Crl.O.P.(MD).No. 816 of 2020 has been filed challenging the order passed by the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai in Cr.M.P. No. 634 of 2019 in C.C.No. 333 of 2018 dated 22.02.2019, permitting the respondent, Markandan, to execute a bond under Section 88 CrPC.

2. The issue involved in all the three Criminal Original petitions are one and the same and hence are taken up together though the respondents are different. The facts leading to the filing of the Criminal Original Petitions are as follows:

(a) The respondent in Crl.O.P.(MD).No. 813 of 2020 is an accused in a case filed by the petitioner for the offences under Section 8(c) read with Section 20(b)(ii)(c), 25, 28 and 29 of the NDPS Act, 1985 before the Trial Court. The respondent was not arrested during investigation. The Trial Court issued summons for appearance of the respondent. On receipt of summons, the respondent filed a petition in Cr.M.P.No. 4452 of 2019 under Section 88 CrPC and stated that he has appeared voluntarily before the Court. He expressed his willingness to execute a bond in terms of Section 88 CrPC undertaking to appear for trial. The learned Public Prosecutor for NDPS cases was served with the copy on the same day. He had sought time for filing counter and objected to entertain the application. However, the learned Judge passed an order directing the respondent to execute a bond for Rs.10,000/- for his future appearance in terms of Section 88 CrPC, without giving an opportunity to the Public Prosecutor for filing counter.

(b) Similarly, the respondent in Crl.O.P.(MD).Nos.809 and 816 of 2020 is an accused in C.C.No. 333 of 2018 for the offences under Section 8(c) read with Section 20(b) (ii) (c), 25, 27-A, 28 and 29 of NDPS Act, 1985. In the said case, he was shown as absconding and a non-bailable warrant was issued to secure his presence. The Trial Court issued non-bailable warrant against him. The respondent filed Cr.M.P.No. 628 of 2019 before the Trial Court for recall of warrant under Section 70(2) CrPC. In the said petition, the learned Public Prosecutor sought time to file counter. However, the learned Judge passed an order allowing the petition filed under S