Madras High CourtCRL OP(MD)/2475/2022disposed of

Ananthan v. The Inspector Of Police

2022-02-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P (MD) No.2475 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P (MD) No.2475 of 2022 Ananthan .. Petitioner/ Accused No.2 Vs The State Rep. by The Inspector of Police Adiramapattinam Police Station, Thanjavur District ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to consider the petitioner's warrant recall petition filed under Section 70(2) Cr.P.C on the same day of its filing before the learned Judicial Magistrate, Pattukottai in PRC No.67 of 2012 For Petitioner : Mr.S.Deenadhayalan For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed to direct the learned Judicial Magistrate, Pattukottai to recall the non-bailable warrant issued against the petitioner in PRC No.67 of 2012 on the date of surrender before the trial court.

2. The learned counsel appearing for the petitioner would submit that since the petitioner went abroad he was unable to appear before the learned Judicial Magistrate, Pattukottai in respect of the case in PRC No. 67 of 2012 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.

3. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Pattukottai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P (MD) No.2475 of 2022 concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day. 4.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Deputy Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar To

1. The Judicial Magistrate, Pattukottai.

2. The Inspector of Police Adiramapattinam Police Station, Thanjavur District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court.

+1 CC to M/s.S.DEENADHAYALAN, Advocate (SR-4589[F] dated 07/02/2022) Crl.O.P (MD) No.2475 of 2022 07.02.2022 aav MS/22.02.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2