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Madras High CourtCRL OP/16844/2022disposed of

Manikandan v. The State Rep By Its,

2022-07-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

Crl.O.P.No.16844 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 363, 366 & 366A of IPC and 5(i) & 6 of POCSO Act in Crime No.411 of 2018, seeks anticipatory bail.

2. The petitioner is facing trial in Special S.C.84 of 2020 on the file of the learned Mahila Court, Salem, for the offences punishable under Sections 363, 366 & 366A of IPC and 5(i) & 6 of POCSO Act and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 20.08.2021. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that on 20.08.2021, due to illness, the petitioner was not able to appear before the learned Mahila Judge, Salem in respect of the case in Special S.C.84 of 2020 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 20.08.2021 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 Mahila Judge, Salem, 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 Mahila Court, Salem 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. 19.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.16844 of 2022 19.07.2022