BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.3159 of 2026 Abdul Hameed ... Petitioner Vs.

The State of Tamil Nadu, The Inspector of Police, Cumbum North Police Station, Theni.

Crime No.29 of 2003 ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to issue direction to recall the warrant issued in C.C.No.205 of 2007 on the file fo the learned Judicial Magistrate, Bodinayakanur as per the order dated 03.02.2026.

For Petitioner : Mr.K.K.Samy For Respondent : Mr.M.Sakthikumar Government Advocate (crl.side)

ORDER

Seeking to recall the witness warrant issued in C.C.No.205 of

2007 on the file of the learned Judicial Magistrate, Bodinayakanur, by order dated 03.02.2026, this criminal original petition is filed.

2.It is brought to the notice of this Court that the petitioner is a senior citizen, aged about 75 years. The petitioner is a diabetic patient and is awaiting amputation of his left leg; therefore, he is unable to frequently attend the Court in person. Hence, he seeks the indulgence of this Court to permit him to appear through virtual mode.

3.In view of the aforesaid submission, on production of proper medical records by the petitioner, the learned trial Court may consider permitting his appearance virutally. The learned Judicial Magistrate is also directed to recall the warrant dated 03.02.2026 issued as against the petitioner herein on making a suitable application by the petitioner before the learned trial Court. It is made clear that the petitioner will depose his evidence on the same day of recalling his warrant.

Accordingly, this Criminal Original Petition is disposed of.

16.02.2026 NCC : Yes / No Index : Yes / No Rmk To

1.The Judicial Magistrate, Bodinayakanur.

2.The Inspector of Police, Cumbum North Police Station, Theni.

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

L.VICTORIA GOWRI, J.

Rmk

16.02.2026