Sivakumar v. Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 326, 307, 506(ii) of IPC in S.C.No.118 of 2019 on the file of the learned Additional District Judge, Mailaduthurai District, seeks anticipatory bail.

2. The petitioner is facing trial in S.C.No.118 of 2019 on the file of the learned Additional District Judge, Mailaduthurai District for the offences punishable under Sections 147, 148, 294(b), 324, 326, 307, 506(ii) of IPC 1860 r/w Section 3(1) of the The Public Property(Prevention of Damages) Act, 1992 and due to his non appearance, the trial Court issued a Non-bailable warrant as against the petitioner on 16.12.2019. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit 1/4

that on 16.12.2019 due to health issues, the petitioner was not able to appear before the learned Additional District Judge, Mailaduthurai District in respect of the case in S.C.No.118 of 2019 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 16.12.2019 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 Additional District Judge, Mailaduthurai 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 2/4

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. 24.08.2022 Vv G.K.ILANTHIRAIYAN, J.

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