Vimal @ Vimal Ananth v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 147, 148, 341 and 302 of IPC in S.C.No.115 of 2017 on the file of the learned II Additional District Sessions Judge, Salem, seek anticipatory bail.
2. The petitioners is facing trial in S.C.No.115 of 2017 on the file of the learned II Additional District Sessions Judge, Salem for the offences punishable under Sections 120B, 147, 148, 341 and 302 of IPC and due to their non appearance, the trial Court issued Non-bailable warrant as against the petitioners on 22.08.2022. Hence, the petitioners filed this present petition.
3. The learned counsel appearing for the petitioners would submit that on 22.08.2022 due to accident, the petitioners were not able to appear before the learned II Additional District Sessions Judge, Salem in 1/4
respect of the case in S.C.No.115 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 22.08.2022 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 II Additional District Sessions Judge, Salem, 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 II Additional District Sessions Judge, Salem is directed to consider the same on merits and pass orders on the same day.
2/4
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. 30.08.2022 Vv 3/4
G.K.ILANTHIRAIYAN, J.
Vv 30.08.2022 4/4