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Madras High CourtCRL OP(MD)/12690/2026disposed of

T.Prabhakaran v. The State Of Tamilnadu

2026-06-29Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.12690 of 2026 T.Prabhakaran ... Petitioner Vs The State of Tamilnadu, Rep By, The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Cr.No.456 of 2022.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the learned District Munsif cum Judicial Magistrate, Orathanadu to recall the Non-Bailable Warrant issued against the petitioner in C.C.No.363 of 2025 without insisting the petitioners physical presence. For Petitioner : Mr.S Malaikani For Respondent : Mr.B.Arun Counsel for State of TN(Crl.Side) 1/5

ORDER

The present petition has been filed by A2 in CC 363 of 2025 on the file of District Munsif cum Judicial Magistrate, Orathanadu seeking a direction to the concerned Court to recall the non bailable warrant issued as against him on 28.10.2025.

2.According to the learned counsel for the petitioner, the petitioner is working in Chennai and therefore, he had not appeared before the Court on the particular date and NBW has been issued on 28.10.2025 by the concerned Court. Further he submits that the petitioner apprehends some untoward incidient if he appears before the Court, therefore, he could not appear regularly before the Court. Hence, the learned counsel for the petitioner prays that without insisting for the physical presence, the NBW may be directed to be recalled.

3.Heard the learned counsel appearing for the petitioner and perused the materials on record.

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4.The petitioner has not expressed any apprehension to his life or limb neither in the petition nor given any complaint. In such circumstances, this Court cannot permit the petitioner to recall his NBW without his physical appearance.

5.In view of the above, there shall be a direction to the petitioner to surrender before the concerned Court on 08.07.2026 and on the date of surrender, the trial Court is directed to consider his recall application on merits and in accordance with law.

6. With the above observations, this Criminal Original Petition stands disposed of.

29.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No Note : Issue order copy on 30.06.2026 PNM 3/5

To

1. The District Munsif cum Judicial Magistrate, Orathanadu

2. The Inspector of Police, Orathanadu Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

PNM ORDER MADE IN Crl.OP.(MD)No.12690 of 2026 29.06.2026 5/5