Madras High CourtCRL OP/24174/2022disposed of

Geetha v. State Rep By

2022-10-13Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 467, 468, 471 r/w 120B @ 420, 423, 465, 466, 467, 468, 471, 474 IPC and 82 of Registration Act, 1908 in Crime No.23 of 2012 in CC.No.16 of 2022 on the file of the Land Grabbing Court-I, Allikulam, Moore Market, Chennai seek anticipatory bail.

2. The learned counsel for the petitioner would submit that on 06.04.2022, due to illness, the petitioners were not able to appear before the Land Grabbing Court-I, Allikulam, Moore Market, Chennai in respect of the case in Cr.No.23 of 2012 in CC.No.16 of 2022 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.

3. The learned Government Advocate (Crl.Side) would submit that 1/4

the non bailable warrant has been issued on 06.04.2022 and the petitioner had earlier approached this Court in Crl.OP.No.12205 of 2022 and this Court vide order dated 20.05.2022 had directed the petitioners to appear before the concerned Court within a period of two weeks from 20.05.2022 and filed a petition to recall non bailable warrant already issued against them. However, they have not surrendered and re-call the warrant.

4. At this juncture, the learned counsel for the petitioners would submit that the petitioners are mother and daughter and due to some wrong advice, they have not surrendered. However, he would further submit that the petitioners are prepared to surrender.

5. Taking into consideration the facts and also the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the Court below within a period of two weeks from today and to file a petition to recall non bailable warrant already issued against them. On filing of such petition, the concerned Court is directed to consider the same on merits and pass orders on the same day. 2/4

6. With the above direction, this Criminal Original petition stands disposed of.

13.10.2022 Vv A.D.JAGADISH CHANDIRA, J.

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