Madras High CourtCRL OP/29019/2018disposed of

Anil Kumar v. The State By

2018-12-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.29019 of 2018 and Crl.M.P.No.16962 of 2018 Anil Kumar .... Petitioner Vs.

The State by Inspector of Police, Dhali Police Station, Tiruppur District.

(Crime No.58 of 2013) .... Respondent Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the learned Sub Judge, Udumalpet to recall the Non Bailable Warrant issued against the petitioner on 31.10.2018 in S.C.No.141 of 2017, on his appearance before the learned Sub Court, Udumalpet.

For Petitioner : Mr.D.R.Arun Kumar.

For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This Criminal Original petition has been filed to recall the Non Bailable Warrant issued by the learned Sub Judge, Udumalpet, by order dated 31.10.2018 against the petitioner in S.C.No.141 of 2017.

2. The petitioner is arrayed as A4 in S.C.No.141 of 2017, on the file of the learned Sub Court, Udumalpet for the offence punishable under Sections 399, 402 IPC r/w 25(1) (B) (g) of the Indian Arms Act.

3. The petitioner was absent during the trial in S.C.No.141 of 2017 on the file of the learned Sub Judge, Udumalpet. Therefore, non bailable warrant came to be issued on 31.10.2018. 4.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court https://hcservices.ecourts.gov.in/hcservices/

below regularly on all future hearing dates without fail. 5.If the petitioner fails to appear before the Court below for future hearings, he shall to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order shall stand cancelled automatically.

6. Recording the aforesaid undertaking given by the learned counsel appearing for the petitioner, the petitioner is permitted to appear before the learned Sub Judge, Udumalpet on the next hearing date and to file a recall warrant petition. The learned Judge is directed to recall the warrant on the same day. 7.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Subordinate Judge, Udumalpet.

2. The Inspector of Police, Dhali Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.R.Arun Kumar, Advocate sr.no.86339 Crl.O.P.No.29019 of 2018 and Crl.M.P.No.16962 of 2018 ssi(co) nr 18/12/2018 https://hcservices.ecourts.gov.in/hcservices/