M.Jeyashankar v. P.P.Veerasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10602 of 2019 M.Jeyashankar ... Petitioner Vs P.P.Veerasamy ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate cum District Munsif at Parangipettai to recall the non-bailable warrant issued on 11.02.2019 in C.M.P. No.2185 of 2018 in S.T.C. No.360 of 2013 on the file of Judicial Magistrate cum District Munsif at Parangipettai.
For Petitioner : M/s.S.T.P.Kuilmozhi
O R D E R
This Criminal Original petition has been filed to direct the learned Judicial Magistrate cum District Munsif at Parangipettai to consider the petition filed by the petitioner to recall the Non Bailable Warrant in S.T.C. No.360 of 2013 on the same day of surrender.
2. The learned counsel appearing for the petitioner would submit that on 11.02.2019, due to illness, the petitioner was not able to appear before the Judicial Magistrate cum District Munsif at Parangipettai in respect of the case in S.T.C. No.360 of 2013 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.
3. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate cum District Munsif at Parangipettai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day. https://hcservices.ecourts.gov.in/hcservices/
4.
With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rri To 1.The Judicial Magistrate cum District Munsif, Parangipettai 2.The Public Prosecutor, High Court, Madras.
+1cc to Mrs.S.T.P.Kuilmozhi, Advocate SR.No.38542 Crl.O.P.No.10602 of 2019 PA(CO) GMY(24/05/2019) https://hcservices.ecourts.gov.in/hcservices/