Ananthan @ Military Anandan v. The State By The Inspector Of Police

Crl.O.P.No.17599 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 of Explosive Substances Act, 1908 in Crime No.414 of 2016, seeks anticipatory bail.

2. The petitioner is facing trial in S.C.125 of 2021 on the file of the learned Principal District Judge at Villupuram offences punishable under Sections 5 of Explosive Substances Act, 1908., and due to his non appearance on 20.04.2022, 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 on 20.04.2022, the petitioner was arrested in another case in Crime No,854 if 2017 and hence the petitioner was not able to appear before the learned Principal District Judge at Villupuram in respect of the case in S.C.No.125 of 2021 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 28.06.2022 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 learned Principal District Judge at Villupuram 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. 01.08.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.17599 of 2022 01.08.2022