Madras High CourtCRL OP/19236/2022disposed of

Nihas Ali v. State Rep By

2022-08-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376(2)(f), 376(2)(n), 109, 509 and 506(i) of IPC, in Crime No.01 of 2021, seeks anticipatory bail.

2. The petitioner is facing trial in P.R.C.No.04 of 2022 on the file of the learned Judicial Magistrate No.1, Udumalpet, Tiruppur District, for the offences punishable under Sections 376(2)(f), 376(2)(n), 109, 509 and 506(i) of IPC and due to his non appearance, the trial Court issued Nonbailable warrant as against the petitioner on 01.08.2022. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner was not able to appear before the learned Judicial Magistrate No.1, Udumalpet, Tiruppur District, in respect of the case in P.R.C.No.04 of 2022 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 Government Advocate (Crl.Side) would submit that the non bailable warrant has been issued against the petitioner on 01.08.2022 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 Judicial Magistrate No.1, Udumalpet, Tiruppur 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. 16.08.2022 mn G.K.ILANTHIRAIYAN, J.

mn 16.08.2022