Crl.O.P.(MD) No.12566 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.O.P.(MD) No.12566 of 2022

B.C.Biros

...Petitioner

Vs.

The State through

The Inspector of Police,

P.E.W. Police Station,

Melur, Madurai District.

(Crime No.7 of 2014)

.. Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying

to direct the learned Subordinate Judge, Melur, Madurai District to consider

the petitioner warrant recall application non bailable warrant dated

03.02.2021, on the same day of surrender in S.C.No.375 of 2015 in Crime No.

7 of 2014 on the file of the respondent police.

For Petitioner

: Mr. P. Banu prasath

For Respondents : Mr.R. Sureshkumar

Government Advocate (Crl. Side)

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Crl.O.P.(MD) No.12566 of 2022

ORDER

This Criminal Original Petition has been filed to direct the learned

Subordinate Judge, Melur, Madurai District to consider the petitioner's

warrant recall application, non-bailable warrant, dated 03.02.2021, on the

same day of surrender in S.C.No.375 of 2015 in Crime No.7 of 2014 on the

file of the respondent police.

2.The learned counsel appearing for the petitioner would submit that

due to Corona Situation, he was unable to appear before the learned

Subordinate Judge, Melur, Madurai District in respect of S.C.No.375 of 2015

in Crime No.7 of 2014 on the file of the respondent police 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.

3. The learned Additional Public Prosecutor appearing for the

respondent police would submit that NBW is pending against the petitioner.

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Crl.O.P.(MD) No.12566 of 2022

4.Considering the submission made by the learned counsel for the

petitioner, the petitioner is directed to appear before the learned Subordinate

Judge, Melur, Madurai District 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 Subordinate Judge, Melur, Madurai District is directed

to consider the same on its own merits in accordance with law and pass orders

on the same day.

5.With the above direction, this Criminal Original Petition is disposed

of. 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 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.

13.07.2022

Internet:Yes

Index:Yes/No

Speaking/Non speaking order

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Note: Issue order copy on 14.07.2022

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Crl.O.P.(MD) No.12566 of 2022

To

1. The Inspector of Police,

P.E.W.Police Station,

Melur, Madurai District.

2.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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Crl.O.P.(MD) No.12566 of 2022

V.SIVAGNANAM, J.

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Crl.O.P.(MD) No.12566 of 2022

13.07.2022

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