Madras High CourtCRL OP/4385/2024disposed of

Thilagavathi v. State Rep.By

2024-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Thilagavathi 2.Sukumar Kannan ... Petitioners Vs.

The Inspector of Police, J-1 Saidapet Police Station, 49/1, Anna Salai, West Saidapet, Chennai - 600 015.

... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to direct the IX Metropolitan Magistrate, Saidapet, Chennai to recall the Non Bailable Warrant dated 07.01.2023 issued against the petitioners in C.C.No.89 of 2023 pending trail on the file of the IX Metropolitan Magistrate, Saidapet, Chennai, without insisting the presence of the Accused.

For Petitioners : Mr.S.I.Sharukumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to recall the non bailable warrant issued by the learned IX Metropolitan 1/4

Magistrate, Saidapet, Chennai, in C.C.No.89 of 2023. 2.The petitioners are arrayed as accused in C.C.No.89 of 2023, on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, for the offences punishable under Sections 147, 294(b), 323, 506(ii) of I.P.C.

3. The petitioners were absent during the trial in C.C.No.89 of 2023, on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai. Therefore non bailable warrant came to be issued on 07.01.2023.

4.The learned counsel appearing for the petitioners undertake that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

5.Considering the undertaking given by the petitioners, the petitioners are directed to appear before the learned IX Metropolitan Magistrate, Saidapet, Chennai, within a period of two weeks from today and file a petition to recall the NBW issued against them. The concerned Magistrate is directed to consider the same on merits and 2/4

pass orders on the same day.

6.Accordingly, the criminal original petition stands disposed of. 26.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The IX Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, J-1 Saidapet Police Station, 49/1, Anna Salai, West Saidapet, Chennai - 600 015.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri 26.02.2024 4/4