Petitioner sought recall of bailable warrant and bail in pending criminal appeal due to lockdown and hospitalization. Court rejected hospitalization claim but recalled warrant based on promise of future compliance.
Recalled bailable warrant dated 21.08.2024 and enlarged petitioner on bail pending disposal of appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.M.P.(MD)No.11559 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twenty Eighth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL.M.P.(MD)No.11559 of 2024 in CRL.A.(MD)No.495 of 2018
CHOCKKAN
... Petitioner / Appellant
Vs
THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, ANNAVASAL, PUDUKOTTAI DISTRICT. CRIME NO. 19/2015. ... Respondent / Respondent
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to recall the bailable warrant issued on 21.08.2024 in Crl. A.(MD) No. 495/2018 pending on the file of this Honble Court and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.
Prayer in CRL A(MD). 495/ 2018 :
To set aside the Judgement and Conviction dated 23.10.2018 by the learned Additional District and Sessions Judge & Essential Commodities Act Cases and Special Court for NDPS Act Cases, Pudukkottai in S.C.No.106 of 2015 and acquit the Appellant.
Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of https://www.mhc.tn.gov.in/judis M/s.D.RAMESHKUMAR, Advocate for the petitioner and of
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CRL.M.P.(MD)No.11559 of 2024
M/s.P.MEENAKSHI SUNDARAM, Additional Publi Prosecutor on behalf of the Respondent the Court made the following order:-
This Criminal Miscellaneous Petition is filed to recall the bailable warrant issued on 21.08.2024 in Crl.A.(MD).No.495 of 2018 and enlarge the petitioner on bail, pending the disposal of the above said criminal appeal.
2.This appeal has been filed against the judgment of conviction and sentence dated 23.10.2018, passed by the learned Additional District and Sessions Judge, Special Court for Essential Commodities Act Cases and NDPS Act Cases, Pudukkottai. Pending appeal, the sentence was suspended by this Court, by the order dated 12.03.2019, with condition to appear before the above said Special Court on first working day of every month. In the meantime report was called for by this Court from the trial Court as to the compliance of the above said condition by the appellant. Report received stating that the accused has not complied the condition regularly. Hence, this Court directed the Special Court to issue warrant against the appellant and secure him to serve the remaining period of sentence imposed upon him.
3.Now this petition has been filed on the ground that during the Covid-19 lockdown period he could not appear before the trial Court to comply the above said condition. The learned counsel for the petitioner would submit that now the appellant is hospitalized. His son appeared before this Court, today and submitted
https://www.mhc.tn.gov.in/judis that his father who is the appellant herein is in hospital now. Even though such
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CRL.M.P.(MD)No.11559 of 2024
submission cannot be accepted, he would submit that the appellant will comply the condition regularly. In view of the same, the order passed by this Court dated 21.08.2024 is hereby Recalled.
4.Accordingly, this petition stands allowed.
sd/28/10/2024
/ TRUE COPY /
/ 11 /2024
Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TM
TO
1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR ESSENTIAL COMMODITIES ACT CASES AND NDPS ACT CASES, PUDUKKOTTAI.
2 THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, ANNAVASAL, PUDUKOTTAI DISTRICT.
ORDER
IN CRL.M.P.(MD)No.11559 of 2024
in CRL.A.(MD)No.495 of 2018 Date :28/10/2024
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CRL.M.P.(MD)No.11559 of 2024
PSP/ MMS /SAR /04.11.2024/ 4P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether to recall the bailable warrant and enlarge the petitioner on bail to secure appellant's presence for pending appeal disposal.
Whether the ground of hospitalization and lockdown compliance failure justifies remitting the warrant.
2 provisions across 2 enactments
CHOCKKAN
THE INSPECTOR OF POLICE
ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
