Thamim Ansari v. State Rep By Inspector Of Police

Crl.O.P.No.16256 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 397 of IPC, in P.R.C.No.19 of 2019, seeks anticipatory bail.

2. The petitioner is facing trial in P.R.C.No.19 of 2019 on the file of the learned XIII Metropolitan Magistrate, Egmore-8, for the offences punishable under Sections 397 of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that due to illness, the petitioner was not able to appear before the learned XIII Metropolitan Magistrate, Egmore-8, in respect of the case in P.R.C.No.19 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 Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner 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 XIII Metropolitan Magistrate, Egmore-8, 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 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. 13.07.2022 ata

G.K.ILANTHIRAIYAN, J.

ata Crl.O.P.No.16256 of 2022 13.07.2022