Madras High CourtCRL OP/11986/2023disposed of

Nabishabanu v. State Rep By, The Inspector Of Police, District Crime Branch, Perambalur District.

2023-05-26Honourable Mr Justice V. Lakshminarayanan4 pages

CRL.OP. No. 11986 of 2023 V.LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC r/w 120-B of I.P.C., in Crime No.10 of 2012, seeks anticipatory bail.

2. The petitioner is facing trial in C.C No. 57 of 2019 on the file of the learned Judicial Magistrate No.1, Perambalur for offences punishable under Sections 406, 420 and 506(i) of IPC r/w 120 B of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 13.02.2023. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 13.02.2023, due to illness, the petitioner was not able to appear before the learned Judicial Magistrate No.1, Perambalur in respect of the case in C.C.No.57 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.

4. The learned Government Advocate (Crl.Side) would submit that the non bailable warrant has been issued against the petitioner on 13.02.2023 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.1, Perambalur within a period of two weeks from the date of receipt of a copy of this order 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. 26.05.2023 pbl V.LAKSHMINARAYANAN, J.

pbl Crl.O.P.No. 11986 of 2023 26.05.2023