Crl.O.P.No.17429 of 2022

Crl.O.P.No.17429 of 2022

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the

respondent police for the offences punishable under Sections 279, 337,

308 of I.P.C. @ Sections 279, 338, 308 of I.P.C & Sections 185 and 188

of M.V.Act, in Crime No.74/AM2/2014, seeks anticipatory bail.

2. The petitioner is facing trial in S.C.No.158 of 2017 on the file

of the XV Additional District Court at Chennai, for the offences

punishable under Sections 279, 337, 308 of I.P.C., @ Sections 279, 338,

308 of I.P.C & Sections 185 and 188 of M.V.Act and due to his non

appearance, the trial Court issued Non-bailable warrant as against the

petitioner on 07.12.2019. Hence, the petitioner filed this present petition.

3. The learned counsel appearing for the petitioner would submit

that, due to illness, the petitioner was not able to appear before the XV

Additional District Court at Chennai, in respect of the case in

S.C.No.158 of 2017 and hence, non bailable warrant has been issued

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Crl.O.P.No.17429 of 2022

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. The learned Additional Public Prosecutor would submit that the

non bailable warrant has been issued against the petitioner on 07.12.2019

and the same is pending.

5. Considering the undertaking given by the learned counsel for

the petitioner, the petitioner is directed to appear before the XV

Additional District Court at Chennai, within a period of two weeks from

today and to file a petition to recall NBW already issued against him. On

filing of such petition, the concerned learned Judicial Magistrate is

directed to consider the same on merits and pass orders on the same day.

6. It is made clear that while considering the petition to recall, the

Court below shall bear in mind about the period of Non Bailable Warrant

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Crl.O.P.No.17429 of 2022

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.

7. This criminal original petition is disposed of accordingly.

26.07.2022

mn

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Crl.O.P.No.17429 of 2022

G.K.ILANTHIRAIYAN, J.

mn

Crl.O.P.No.17429 of 2022

26.07.2022

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