Y.P.Ravi v. State Rep By Its,

Crl.O.P.No.18004 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 420, 447 and 506(i) I.P.C., in Crime No.1518 of 2015, seek anticipatory bail.

2. The petitioners are facing trial in C.C.No.4587 of 2015 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai, offences punishable under Sections 294(b), 447 and 506(i) of I.P.C., and due to their non appearance, the trial Court issued Non-bailable warrant as against the petitioners on 18.07.2022. Hence, the petitioners filed this present petition.

3. The learned counsel appearing for the petitioners would submit that on 18.07.2022, due to illness, the petitioners were not able to appear before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, in respect of the case in C.C.No.4587 of 2015 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 18.07.2022 and the same is pending.

5. Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, within a period of two weeks from today and to file a petition to recall NBW already issued against them. 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. 02.08.2022 ata

G.K.ILANTHIRAIYAN, J.

ata Crl.O.P.No.18004 of 2022 02.08.2022