Interlocutory orders recalling Non-Bailable Warrants are generally not revisable under Section 438(2) BNSS, and conditions imposed to secure the presence of an accused with a history of absconding fall within judicial discretion and are not considered onerous or illegal.

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and set aside the impugned order passed in Crl.M.P.No. 3865 of 2024 in C.C. No.1454 of 2022 dated 10.07.2024 passed by the learned Judicial Magistrate, Karaikudi.

ORDER

Preface:

This Criminal Revision Case is directed against the order dated 10.07.2024 passed by the learned Judicial Magistrate, Karaikudi, in Crl.M.P.No.3865 of 2024 in C.C.No.1454 of 2022, whereby the learned Magistrate recalled the Non-Bailable Warrant issued against the revision petitioner, subject to certain conditions intended to secure his presence and ensure the smooth conduct of trial.

2. The revision petitioner seeks interference with the said order contending that the conditions imposed are onerous, unjustified, and disproportionate, particularly in view of his alleged overseas employment.

Gist of the case / Factual matrix:

3. The marriage between the revision petitioner and the defacto complainant was solemnized on 22.02.2013 and out of the wedlock, a male child was born.

4. Alleging persistent dowry demands, misappropriation of jewels and money, physical assault, mental cruelty, and criminal intimidation, the defacto complainant lodged a complaint before the Karaikudi All Women Police Station.

5. A case in Crime No.4 of 2019 came to be registered against the petitioner and others for offences under Sections 498-A , 406, and 506(i) IPC. Upon completion of investigation, a final report was filed on 14.08.2021 and taken on file as C.C.No.1454 of 2022 by the learned Judicial Magistrate, Karaikudi.

6. During the pendency of proceedings, the petitioner repeatedly remained absent. Despite service of summons, he failed to appear, compelling the learned Trial Court to issue a Non-Bailable Warrant on 21.09.2023.

7. The petitioner thereafter filed a recall petition in Crl.M.P.No. 3865 of 2024. By order dated 10.07.2024, the learned Magistrate recalled the NBW subject to the following conditions:

(i) Production of passport within two days;

(ii) Not to leave Tamil Nadu without Court permission;

(iii) Cooperation with trial proceedings;

(iv) Daily appearance before Court at 5.30 p.m. for five working days

8. Aggrieved by the imposition of these conditions, the present Criminal Revision Case has been filed.

Grounds urged by the revision petitioner:

9. The learned counsel for the revision petitioner contended that the conditions imposed are harsh, arbitrary, and excessive. The petitioner is employed abroad and is willing to participate in trial through video conferencing whenever feasible. The learned Trial Court failed to consider that the parents of the petitioner are regularly appearing. The matrimonial complaint itself is false and vindictive. Restriction on travel would result in irreparable loss of livelihood.

Submissions of the respondent /State:

10. Per contra, the learned Government Advocate (Criminal Side) submitted that the petitioner has a consistent history of absconding and non-cooperation. Multiple anticipatory bail petitions and a quash petition were earlier dismissed. Even after recall of NBW, the petitioner failed to comply with the very conditions imposed. The impugned order is purely interlocutory and passed to secure presence of the accused. The revision is barred under Section 438(2) BNSS (corr