Dharmalingam @ Kaanchan v. The State Rep By Its,

Crl.O.P.No.16979 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 397 of I.P.C., in Crime No.251 of 2007, seeks anticipatory bail.

2. The petitioners are facing trial in S.C.No.280 of 2017 on the file of the learned Principal Subordinate Judge cum Assistant Sessions Judge, Dindivanam, Villupuram District for the offences punishable under Sections 397 of I.P.C., and due to their non appearance, the trial Court issued Non-bailable warrant as against the petitioners on 11.07.2022. Hence, the petitioners filed this present petition.

3. The learned counsel appearing for the petitioners would submit that, due to illness, the petitioners were not able to appear before the learned Principal Subordinate Judge cum Assistant Sessions Judge, Dindivanam, Villupuram District in respect of the case in S.C.No.280 of 2017 and hence, non bailable warrant has been issued against the

petitioners. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioners 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 petitioners on 11.07.2022 and the same is pending.

5. Considering the undertaking given by the learned counsel for the petitioners, the petitioners is directed to appear before the learned Principal Subordinate Judge cum Assistant Sessions Judge, Dindivanam, Villupuram District 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. 21.07.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16979 of 2022 21.07.2022