S.P.Vasantha Kumar v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2020 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP (MD)No.3772 of 2020 S.P.Vasanthakumar ... Petitioner Vs.
The State, rep.by the Deputy Superintendent of Police,Cheranmahadevi Sub Division,Tirunelveli District. (Crime No.258/2010 Munneerpallan Ps) ... Respondent Prayer : This criminal original petition is filed under Section 482 of Cr.PC , to recall the Non Bailable Warrant dated 01.08.2017 issued against the petitioner in S.C No.99 of 2016 on the file of the learned II Additional Sessions Court, Tirunelveli. For Petitioner : Mr.A.Karthik For Respondent : Mr.A.Robinson, Government Advocate (crl.side)
ORDER
The petitioner is one of the accused in S.C No.99 of 2016 on the file of the II Additional Sessions Judge, Tirunelveli. It appears that NBW is pending against him since 01.08.2017. The petitioner wants the said warrant to be recalled. As per Section 70(2) of Cr.PC, the petitioner will have to necessarily approach the court below for such recall. The petitioner's apprehension is that in view of the long pendency of NBW, he may be remanded. 2.While the apprehension of the petitioner is justified, his conduct in absconding for more than three years cannot be condoned. The learned counsel for the petitioner undertakes to deposit a sum of Rs.5,000/- payable to the District Legal Services Authority, Tirunelveli. The petitioner also undertakes to appear in all the future hearings without fail.
If the petitioner unable to appear, his counsel will have to represent him. In any event, on account of the petitioner's absence, trial will not be stalled. 3.Recording the undertaking given by the petitioner, the petitioner is directed to appear before the court below on 31.03.2020 and apply for recall of warrant. On such application being filed, NBW issued against him shall be recalled on the end of the day. The learned Trial Judge is at liberty to impose any additional conditions to ensure that the petitioner is available on all the future hearings. Till then, NBW issued against the petitioner will be kept in abeyance.This criminal original petition stands allowed.
Sd/- Assistant Registrar () // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2020 Sub Assistant Registrar(CS)
03.03.2020 Skm To
1. THE ADDITIONAL SESSIONS JUDGE TIRUNELVELI
2. THE DEPUTY SUPERINTENDENT OF POLICE, CHERANMAHADEVI SUB DIVISION, TIRUNELVELI DIST.
3. THE DISTRICT LEGAL SERVICES AUTHORITY, TIRUNELVELI
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC to M/s.A.KARTHIK, Advocate ( SR-10101[F] dated 04/03/2020 ) Crl OP (MD)No.3772 of 2020 03.03.2020 SMA/10/03/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/