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Madras High CourtCRL OP(MD)/10462/2026allowed

V.M.Glittus Joe v. The State Of Tamilnadu Rep. By

2026-06-09Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.10462 of 2026 V.M.Glittus Joe

...Petitioner/Accused No.3

Vs

1. The State of Tamilnadu, Rep. by the Inspector of Police, Karungal Police Station, Kanyakumari District (Crime No. 477 of 2019)

2. Mary Sunitha

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the Judicial Magistrate, Eraniel, Kanyakumari District to consider the petition to recall the Non Bailable Warrant issued as against this petitioner on 14.09.2023 in PRC No. 46 of 2023 on the same day of surrender. For Petitioner : M/s.J.John Jayakumar For Respondents : M/s.B.Arun Counsel for State of TN(crl.side) 1/4

ORDER

The present petition has been filed by A3 in P.R.C.No.46 of 5023 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District, seeking to recall Non-bailable warrant issued as against him on 14.09.2023.

2. According to the learned Counsel appearing for the petitioner, the petitioner is working abroad and therefore, he was not aware of the proceedings and he had not participated in the proceedings and therefore, NBW has been issued on 14.09.2023. He further submits that he would co-operate with the trial and file an affidavit to the said effect before the trial Court.

3. Considering the above said facts, the learned Judicial Magistrate, Eraniel, Kanyakumari District, is directed to consider the bail application of the petitioner on the date of surrender. The petitioner is directed to surrender on or before 29.06.2026. It is made clear that in case of non-cooperation on the side of the petitioner, the trial Court is directed to proceed in accordance with law.

4. With the above said observations, this Criminal Original Petition stands allowed.

09.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 2/4

To

1. The learned Judicial Magistrate, Eraniel, Kanyakumari District.

2. The Inspector of Police, Karungal Police Station, Kanyakumari District Copy to:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.10462 of 2026 09.06.2026 4/4