Madras High CourtCRL OP/8816/2023disposed of

Rajesh @ Rajeshwaran v. State Rep By

2023-05-18Honourable Mr Justice K.Kumaresh Babu4 pages

Crl.O.P.No.8816 of 2023 K.KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of I.P.C., in Crime No.31 of 2011, seeks anticipatory bail.

2. The petitioner is facing trial in C.C.No.221 of 2013 on the file of the learned Judicial Magistrate No.VII, Coimbatore for the offences punishable under Section 420 of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 03.04.2018. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 03.04.2018, due to illness, the petitioner was not able to appear before the learned Judicial Magistrate No.VII, Coimbatore in respect of the case in C.C.No.221 of 2013 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the petitioner

shall appear before the Court below regularly on all future hearing dates without fail.

4. The learned Government Advocate (Criminal side) would submit that the non bailable warrant has been issued against the petitioner on 03.04.2018 and the same is pending.

5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate No.VII, Coimbatore within a period of two weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judicial Magistrate is directed to consider the same on merits and pass orders on the same day.

6. It is made clear that while considering the petition to recall, the Court below shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere

direction issued by this Court to consider the application on the same day does not amount to direction to consider the recall petition favourably.

7. This criminal original petition is disposed of accordingly. 18.05.2023 nsa/gsk

K.KUMARESH BABU, J.

nsa/gsk Crl.O.P.No.8816 of 2023 18.05.2023