Sabari @ Shabarish v. The State Rep By

Crl.O.P.No. 16058 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 332 of IPC and Sections 2, 3(i) of TNPP (D & L) Act r/w 34 of IPC in Crime No 137 of 2015, seeks anticipatory bail.

2. The petitioner is facing trial in C.C.No. 2400 of 2009 on the file of the learned Chief Metropolitan Magistrate Court, Egmore, Chennai, for the offences punishable under Sections 147, 332 of IPC and 2, 3(i) of TNPP (D & L) Act r/w 34 of IPC and he was out of station, the trial Court issued Nonbailable warrant as against the petitioner on 12.05.2022. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 12.05.2022, he was out of station, the petitioner was not able to appear before the learned Chief Metropolitan Magistrate Court, Egmore, Chennai, in respect of the case in C.C.No. 2400 of 2009 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 Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 12.05.2022 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 Chief Metropolitan Magistrate Court, Egmore, Chennai, within a period of two weeks from today and to file a petition to recall NBW already issued against him. On filing of such petition, the concerned learned Chief Metropolitan Magistrate Court, Egmore, Chennai, 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. 12.07.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 16058 of 2022 12.07.2022