Balachandran, @ Karatebalu, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.6112 of 2018 Balachandran @ Karate Balu ... Petitioner

Versus

The State Rep by its The Inspector of Police, Somangalam Police Station, Kancheepuram.

(Crime No.146 of 2004) ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional Sessions Court (Fast Track Court), Kancheepuram to recall the Non Bailable Warrant issued against the peitioner in connection with the case in S.C.No.136 of 2014 on the file of the II Additional Sessions Court (Fast Track Court), Kancheepuram. For Petitioner : Mr. M.Senthil Kumar For Respondent : Mrs.P. Kritika Kamal Government Advocate (Crl.Side)

O R D E R

This petition is filed by the petitioner seeking a direction to direct the learned II Additional Sessions Court (Fast Track Court), Kancheepuram to recall the Non Bailable Warrant issued against the petitioner in connection with the case in S.C.No.136 of 2014 on the file of the II Additional Sessions Court (Fast Track Court), Kancheepuram.

2. Heard Mr. M.Senthil Kumar, learned counsel appearing for the petitioner as well as Mrs.P. Kritika Kamal, Government Advocate (Crl.Side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that the petitioner has been regularly complying with the conditions imposed in Crl.OP. No.2062 of 2018 dated 29.01.2018. The learned counsel further submitted that due to heavy traffic on 08.02.2018, he attended the Court at 10.40 a.m.. Hence, the Non-Bailable Warrant came to be issued against the petitioner on 08.02.2018.

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4. On being satisfied with the reasons stated by the petitioner for his non appearance before the Trial Court and also considering the fact that NBW is issued against the petitioner, this Court is constrained to direct the petitioner to appear in person to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the *learned II Additional Sessions court(FTC), Kancheepuram and in the event of filing such an application, the *learned II Additional Sessions court(FTC), Kancheepuram is directed to consider the same and pass orders on its own merits on the same day.

5. With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) 19/03/2018 Corrected as per Letter dated 02/04/2018 sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar klt To 1.The II Additional Sessions Court (Fast Track Court), Kancheepuram.

To be Substituted to the order 2.The Inspector of Police, already despatched on 02/04/18 Somangalam Police Station, Kancheepuram.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Senthil kumar Advocate sr 17544 CRL.O.P.No.6112 of 2018 nrk(co) aa22/03/2018 nr 04/04/2018 https://hcservices.ecourts.gov.in/hcservices/