C.Kalaiselvan v. The Inspector Of Police

Crl.O.P.No.8578 of 2023 Crl.O.P.No.8578 of 2023 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest in pursuance to the NonBailable Warrant dated 20.01.2023 issued by the learned XV Additional Judge, Chennai, for the offence under Sections 341, 294(b), 336, 397 and 506(ii) of IPC altered to under Sections 294(b), 336, 392 r/w 397 of IPC in Crime No.404 of 2012 seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner is an accused facing trial in SC.No.121 of 2020 on the file of the learned XV Additional Judge, Chennai. He further submit that the petitioner could not able to attend the Court in time due to heavy traffic and thereafter the accused showed his appearance and the same was not accepted, thereby the learned Judge had issued Non Bailable Warrant of arrest on 20.01.2023 and thereby apprehending arrest, the present petition has been filed seeking for anticipatory bail to the petitioner.

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Crl.O.P.No.8578 of 2023

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the option available to the petitioner to surrender and apply for recall of the warrant.

4. Taking into consideration the facts and submissions, the only option for the petitioner is to surrender before the learned the learned XV Additional Judge, Chennai, and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Judge is directed to consider the same on merits and pass orders on the same day itself.

5. This Criminal Original Petition is disposed of accordingly. 24.04.2023 drl Crl.O.P.No.8578 of 2023 https://www.mhc.tn.gov.in/judis