Muruganantham @ Manickam v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest in pursuance to the NonBailable Warrant dated 03.09.2022 issued by the learned District Munsif-Cum-Judicial Magistrate Court, Veppanthattai for the offence under Sections 457, 380 of IPC, in Crime No.28 of 2014 seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that originally, the case was pending on the file of the learned Judicial Magistrate, Perambalur in CC.No.2 of 2020. The petitioner had been regularly appearing before the Court. Subsequently, the case has been transferred to the learned Judicial Magistrate Court, Veppanthattai and taken on file in CC.No.2 of 2020. Since the petitioner was not aware of the hearing dates, he has not appeared before the Court and thereby non bailable warrant has been issued against him. He would further submit that now the petitioner is ready and willing to surrender and he is also ready to co-operate for the speedy disposal of the trial. Thereby, he would seek anticipatory bail for the petitioner. 1/3

3. The learned Government Advocate (Crl.Side) for the respondent police would submit that the petitioner did not appear before the Court on 03.09.2022. The trial Judge had issued non bailable warrant of arrest. He would further submit that in such circumstances, the option available to the petitioner is to surrender before the concerned court and file an application seeking to re-call the warrant and thereby, he would seek for dismissal.

4. In view of the above, the petitioner is directed to surrender before the District Munsif-Cum-Judicial Magistrate Court, Veppanthattai and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned Judicial Magistrate 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. 12.06.2023 Vv 2/3

A.D.JAGADISH CHANDIRA, J.

Vv 12.06.2023 3/3