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Madras High CourtCRL MP/7804/2019ordered

Selvamani v. State Rep By

2019-06-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.7804 of 2019 in CRL OP.No.8239 of 2019 SELVAMANI [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ELACHIPALAYAM POLICE STATION, TIRUCHENGODE SUB DIVISION, NAMAKKAL DISTRICT, CRIME NO.105 OF 2016.

Petition praying that in the circumstances stated therein the High Court will be pleased to direct the Additional District Judge, Namakkal District, to recall the Non-Bailable Warrant issued on 04.06.2019 against the petitioner in Crl.O.P.No.8239/2019 dated 04.06.2019.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.M.BABU MUTHU MEERAN, Advocate for the petitioner and of M/S M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This Court had granted anticipatory bail to the petitioner by imposing certain conditions. One such condition was that the petitioner should appear before the Additional District Judge, Namakkal District daily at 10.30 a.m. until further orders. The petitioner did not appear on 04.06.2019 and therefore non-bailable warrant was issued by the Court below.

2. This petition has now been filed to recall the non-bailable warrant.

3. This petition is not maintainable before this Court. Admittedly, the non-bailable warrant was issued by the Court below and therefore the petitioner has to necessarily appear before the Court below and seek for recalling the non-bailable warrant. https://hcservices.ecourts.gov.in/hcservices/

4. This Criminal Miscellaneous Petition is disposed of by giving liberty to the petitioner to file an appropriate petition to the Court below to recall the non-bailable warrant and the Court below shall decide the same in accordance with law and pass necessary orders.

-sd/- 24/06/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENGODE, NAMAKKAL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ELACHIPALAYAM POLICE STATION, TIRUCHENGODE SUB DIVISION, NAMAKKAL DISTRICT 5 THE ADDITIONAL DISTRICT JUDGE NAMAKKAL DISTRICT +1 C.C. to M/S.M.BABU MUTHU MEERAN Advocate on payment of necessary charges SR.NO.51486 Order in CRL MP.7804/2019 in CRL OP.8239/2019 Date :24/06/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 02/07/2019 https://hcservices.ecourts.gov.in/hcservices/