Jeeva v. State Rep By

Crl.O.P.No.13319 of 2023 Crl.O.P.No.13319 of 2023 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest in pursuance to the NonBailable Warrant dated 10.11.2022 issued by the learned Judicial Magistrate No.5, Vellore for the offence under Sections 392, 414, 109 of IPC, in Crime No.147 of 2021 seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner is an accused facing trial in C.C.No.446 of 2021 on the file of the learned Judicial Magistrate No.5, Vellore. He further submit that the petitioner due to his illness, was unable to appear before the Court, thereby the learned Magistrate had issued Non Bailable Warrant of arrest on 10.11.2022 and thereby apprehending arrest, the present petition has been filed seeking for anticipatory bail to the petitioner.

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Crl.O.P.No.13319 of 2023 A.D.JAGADISH CHANDIRA, J.

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3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the option available to the petitioner to surrender and apply for recall of the warrant.

4. Taking into consideration the facts and submissions, the only option for the petitioner is to surrender before the learned Judicial Magistrate No.5, Vellore and to file a petition to recall NBW already issued against him within a period of two weeks from the date of receipt of a copy of this order. 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 itself.

5. This Criminal Original Petition is disposed of accordingly. 20.06.2023 drl Crl.O.P.No.13319 of 2023 https://www.mhc.tn.gov.in/judis