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Madras High CourtCRL OP/8305/2019disposed of

Chethanya Kiran v. The State Rep By Its,

2019-03-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8305 of 2019 Chethanya Kiran

...Petitioner/ Petitioner /Accused

-VsState represented by The Inspector of Police, Central Crime Branch, Egmore, Chennai-8 ..Respondent/ Respondent /Complainant Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court CCB & CBCID at Egmore, Chennai in Crl.M.P.No.1240 of 2019 in C.C.No.2667 of 2017 order dated on 06.03.2019 to accept the surrender of the petitioner and consider his petition to recall the Non bailable warrant.

For Petitioner : Mr.N.Kumar Rajan For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This Criminal Original petition has been filed seeking for a direction to direct the Special Court CCB & CBCID, Egmore, Chennai to consider the petition filed by the petitioner to recall the Non Bailable Warrant, which was issued on 06.03.2019 in Crl.M.P.No.1240 of 2019 and the case was posted on 10.04.2019.

2. The learned counsel appearing for the petitioner would submit that on 06.03.2019, the petitioner was working in Hyderabad and hence, he could not appear before the Special Court CCB & CBCID, Egmore, Chennai in respect of the case in Crl.M.P.No.1240 of 2019 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 Special Court CCB & CBCID, Egmore, Chennai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued https://hcservices.ecourts.gov.in/hcservices/

against him. On filing of such petition, the Special Court CCB & CBCID, Egmore, Chennai is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

4.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mpa/vsn To

1. The Special Court CCB & CBCID, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Egmore, Chennai-8 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Kumar Rajan , Advocate SR.No. 29401 Crl.O.P.No.8305 of 2019 ln co A.SK(09/04/2019) https://hcservices.ecourts.gov.in/hcservices/