IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.09.2022 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.21048 of 2022 Praveen Anand ... Petitioner Vs The State Through the Inspector of Police, Udumalpet Police Station in Crime No.261/2018 ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Principal Session Judge, Tiruppur to accept the filing of the Petition U/Sec.70(2) Cr.P.C of the petitioner and to recall the non bailable warrant against the petitioner in S.C.No.8 of 2021 on the file of the Principal Sessions Judge, Tiruppur to consider the same day.

For Petitioner : Mr.B.Sukumar For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original petition has been filed to direct the Principal Session Judge, Tiruppur to accept the filing of the Petition U/Sec.70(2) Cr.P.C of the petitioner and to recall the non bailable warrant against the petitioner in S.C.No.8 of 2021 on the file of the Principal Sessions Judge, Tiruppur to consider the same day.

2. The petitioner is facing trial in S.C.No.8 of 2021 on the file of the learned Principal Sessions Judge, Tiruppur, for the offences punishable under Sections 341, 147, 365, 294(b), 323 and 506(ii) of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 23.09.2019

3. The learned counsel appearing for the petitioner would submit that since the petitioner went abroad he was unable to appear before the learned Principal Sessions Judge, Tiruppur, in respect of the case in S.C. No. 8 of 2021 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Principal Sessions Judge, Tiruppur, on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Principal Sessions Judge is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

5. It is made clear that while considering the petition to recall NBW, the Court below shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere direction issued by this Court to consider the application on the same day, does not amount to direction to consider the recall petition favourably.

6. With the above direction, this Criminal Original Petition is disposed of. 05.09.2022 Index:Yes/No Speaking/Non speaking order Lpp To

1 The Inspector of Police, Udumalpet Police Station. 2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, Lpp

05.09.2022