Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 35660

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Greaton @ Rosary Greaton – Appellant
Versus
State rep.by, the Inspector of Police, Velankanni Police Station, Nagapattinam district – Respondent
CRL MP No. 5063 of 2026 | Cr.No.288 of 2022 | C.M.P.No.90 of 2026 in SC.No.06 of 2023 | Crl.MP.No.130 of 2026

Advocates:
For the Appellants/Petitioners: No appearance
For the Respondents:Mr.R.Kishore Kumar Government Advocate (Crl.Side)

Subsequent bail cancellation renders prior recall warrant challenge infructuous; remedy is fresh bail application.

Headnote:The petitioner sought to set aside an order dismissing recall of non-bailable warrant under sections 438 r/w 442 and 72 of BNSS. Facts involve a criminal revision against District and Sessions Judge's order dated 11.02.2026 in ongoing sessions case. Court noted no representation for petitioner and subsequent bail cancellation on 24.03.2026. Issue framed as whether revision remains maintainable post subsequent development rendering it infructuous. Ratio: Subsequent bail cancellation makes the challenge to prior recall order moot, limiting remedy to fresh bail application. Criminal revision dismissed as infructuous.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL MP No. 5063 of 2026 Greaton @ Rosary Greaton ..Petitioner Vs State rep.by, the Inspector of Police, Velankanni Police Station, Nagapattinam district.

Cr.No.288 of 2022.

..Respondent Prayer: Criminal Revision Case filed under section 438 r/w 442 of BNSS to call for the records and set aside the order passed in C.M.P.No.90 of 2026 in SC.No.06 of 2023 on the file of the District and Sessions Judge, Nagapattinam dated 11.02.2026 and consequently allow the petition filed under section 72 BNSS Seeking recall of Non-Bailable Warrant and allow this criminal revision petition.

For Petitioner: No appearance For Respondent: Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Revision case has been filed to call for the records and set aside the order passed in C.M.P.No.90 of 2026 in SC.No.06 of 2023 on the file of the District and Sessions Judge, Nagapattinam dated 11.02.2026.

2. There is no representation for the petitioner.

3. At this juncture, the learned Government Advocate (Crl.SidE)

submitted that the learned District and Sessions Judge, Nagapattinam has already passed an order in Crl.MP.No.130 of 2026 by cancelling the bail vide order dated 24.03.2026. In such view of the subsequent development, the present issue has become infructuous. Therefore, the only remedy available to the petitioner is to move a regular bail application. In view of the above factual position, this Criminal Revision case is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

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