Madras High CourtCRL OP/5249/2021disposed of

Mohan v. State Rep.By Its

2021-03-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

1. Mohan

2. Shanmugam

3. Balasubramaniyam

4. Murugesan .. Petitioners Vs.

1. State rep. by The Deputy Superintendent of Police, Omalur, Salem District.

2. The Inspector of Police, Thirumangalam Police Station, Salem District Crime No.449 of 2020 .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal Sessions Judge, Salem to recall the Non-Bailable Warrant issued against the petitioners in Spl.SC.No.1 of 2021 dated 22.02.2021 on the file of the Principal Sessions Judge, Salem. For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.Mohamed Riyaz, R1 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the Principal Sessions Judge, Salem against the petitioners in Spl.SC.No.1 of 2021.

2. The petitioners are arrayed as accused 1 to 4 in Spl.SC.No.1 of 2021, on the file of the learned Principal Sessions Judge, Salem for the offences punishable under Sections 147, 341, 294(b), 506(i) of IPC read with Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act 2015.

3. The petitioners were absent during the trial in Spl.SC.No.1 of 2021 dated 22.02.2021 on the file of the Principal Sessions Judge, Salem. Therefore, non bailable warrant came to be issued on 22.02.2021.

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 Principal Sessions Court, Salem, within a period of two weeks from today and to file a petition to recall the NBW issued against them. The concerned Court is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of. 16.03.2021 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rli

N. ANAND VENKATESH,J rli To

1. The Deputy Superintendent of Police, Omalur, Salem District.

2. The Inspector of Police, Thirumangalam Police Station, Salem District.

3. The Principal Sessions Judge, Salem

4. The Public Prosecutor, High Court, Madras.

16.03.2021