Tamilselvi, the wife of accused Vellimalai practically seeks help of this Court to get release of her husband, who has been sent to jail in execution of N.B.W., since he had failed to attend the hearing.

2. Vellimalai has been accused of having committed an offence under Section 392 I.P.C. He was charge sheeted. His case is pending in C.C.No.222 of 2012 before the learned Judicial Magistrate, Periyakulam. He was on bail. He had failed to mark his attendance before the Court on the hearing date. The Court did not like this. It, ordered his arrest by issuing N.B.W. It was executed. That is how, Vellimalai had gone back to jail. His wife is not happy. She herself has filed a bail petition before the said Magistrate. The learned Magistrate examined the petition with technical eyes. The learned Magistrate preferred technicality than the precious liberty of a person. Thus, he returned the petition. That is why, Tamilselvi is before us.

3. A wife should be on the side of her husband both in happiness and in sorrow. There is no wrong on her part to take part in his hour of crisis. The learned Magistrate could have taken a liberal view in this matter.

4. In view of the above, ordered as