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Madras High CourtCRL OP/26153/2022granted

Kumar v. The State Rep By

2022-11-14Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.No.26153 of 2022 Crl.O.P.No.26153 of 2022 V.SIVAGNANAM, J .

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 341, 302, 149 and 150 of I.P.C., in Crime No.19 of 2012, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that he is apprehending arrest upon the issuance of the NBW warrant by the Sessions Judge, Special Court No.1, for trial of criminal cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu in S.C.No.34 of 2020 dated 19.09.2022. In the said case, the petitioner was already granted bail. However, on 19.09.2022, due to illness, the petitioner was not able to appear before the learned Sessions Judge, special Court No.1 for trial of Criminal Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, in respect of the case in S.C.No.34 of 2020 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.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.26153 of 2022 V.SIVAGNANAM, J .

vum

3. The Mr.K.Srinivasan, learned Special Public Prosecutor appearing for the respondent would submit that the non bailable warrant has been issued against the petitioner on 19.09.2022 and the same is pending.

4. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Sessions Judge, special Court No.1 for trial of Criminal Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu 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 Sessions Judge is directed to consider the same on merits and pass orders on the same day.

5. This criminal original petition is disposed of accordingly. 14.11.2022 vum Note: Issue order copy today(15.11.2022) Crl.O.P.No.26153 of 2022 https://www.mhc.tn.gov.in/judis