Disposed

M. Sathishkumar @ Sathish v. State Rep by

Madras HC13 Jul 2022CRL OP/16210/2022

Case brief

AI extract

What is this about?

This single-judge court disposed of a criminal original petition filed for anticipatory bail and recall of a Non-Bailable Warrant. The court directed the petitioner to appear before the trial court within two weeks to seek recall, emphasizing that the direction does not guarantee a favorable outcome.

What did the court decide?

The petitioner directed to appear before the Additional Mahila Court within two weeks and file a petition to recall the NBW.

M. Sathishkumar @ Sathish Vs State Rep by — Criminal Trial and Appeal | Madras HC (2022)

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Crl.O.P.No.16210 of 2022

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Crl.OP.No.16210 of 2022

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G.K.ILANTHIRAIYAN, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 376, 294(b) and 506(i) of IPC, in S.C.No.10 of 2021, seeks anticipatory bail.

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The petitioner is facing trial in S.C.10 of 2021 on the file of the learned Additional Mahila Court, Allikulam, Egmore Chennai, for the offences punishable under Sections 417, 376, 294(b) and 506(i) of I.P.C., and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 02.06.2022. Hence, the petitioner filed this present petition.

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The learned counsel appearing for the petitioner would submit that on 02.06.2022, due to illness, the petitioner was not able to appear before the learned Additional Mahila Court, Allikulam, Egmore Chennai, in respect of the case in S.C.No.10 of 2021 and hence, non bailable warrant has been issued against the petitioner. He would further submit

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.16210 of 2022

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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.

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The learned Additional Public Prosecutor would submit that the non bailable warrant has been issued against the petitioner on 02.06.2022 and the same is pending.

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Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Additional Mahila Court, Allikulam, Egmore 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.

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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

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.16210 of 2022

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direction issued by this Court to consider the application on the same day

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does not amount to direction to consider the recall petition favourably.

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This criminal original petition is disposed of accordingly.

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13.07.2022

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ata

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G.K.ILANTHIRAIYAN, J.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.16210 of 2022

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ata

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Crl.O.P.No.16210 of 2022

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13.07.2022

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

M. Sathishkumar @ Sathish v. State Rep by

Case brief

What is this about?

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M. Sathishkumar @ Sathish v. State Rep by

Case brief

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