Madras High CourtCRL OP/15312/2022disposed of

A.S.Kesavan v. The State Rep By Its,

2022-07-14Honourable Mr Justice N. Sathish Kumar4 pages

Crl.O.P.No.15312 of 2022 N.SATHISH KUMAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 341, 302, 149, and 150 of I.P.C., in Crime No.19 of 2012, seeks anticipatory bail.

2. The petitioner is facing trial in S.C.34 of 2020 on the file of the learned XVII Metropolitan Magistrate, Egmore offences punishable under Sections341, 302, 149, and 150 of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 20.06.2022, the petitioner was not able to appear before the learned XVII Metropolitan Magistrate, Egmore in respect of the case in C.C.No.19 of 2012 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 Special Public Prosecutor (CBI) would submit that the petitioner was absent on 20.06.2022 for hearing and hence non bailable warrant has been issued against him and he further submitted that the case is posted on 15.07.2022 and trial also commenced.

5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned XVII Metropolitan Magistrate, Egmore on 15.07.2022 itself and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned XVII Metropolitan Magistrate, Egmore is directed to consider the same on merits and pass orders on the same day. The petitioner shall appear before the trial Court regularly on all hearing dates and also file an undertaking in that regard before the trial

Court.

6. This criminal original petition is disposed of accordingly. 14.07.2022 dpq Registry is directed to upload the order forthwith Note : Issue Order Copy today [14.07.2022]

N. SATHISH KUMAR , J.

dpq Crl.O.P.No.15312 of 2022 Issue today 14.07.2022