1. This petition has been filed under 482 Cr.P.C. for a direction to the learned Judicial Magistrate, Thirumayam, Pudukkottai District to facilitate carrying out of the direction of this Court already issued in Crl.O.P.(MD) No.4216 of 2011 dated 09.04.2011.

2. Heard both sides.

3. In this case, the petitioner is the sole accused. He is alleged to have committed an offence under Section 376 I.P.C. During the F.I.R. stage, he was granted bail. He was on Sessions Bail. In the meanwhile, the investigation has been completed and Final Report has been filed and the committal Court also took cognizance in P.R.C.No.7 of 2002.

4. Petitioner seems to have forgotten the Court but not the Court. Under the circumstances, the Court issued NBW as against him.

5. At this juncture, he approached this Court for recalling of the NBW and as stated supra, in Crl.O.P.(MD) No.4216 of 2011 order has been passed by this Court enabling him to surrender and the learned Magistrate also has been directed to decide his recall petition on the same day itself.

6. Now, everything is good, but according to the learned counsel for the petitioner, since the Magistrate insisted upon the physical presence of