CRL OP/34820/2019 of PALANISAMY Vs THE INSPECTOR OF POLICE, on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :30.12.2019

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN, J.Crl.O.P.No.34820 of 2019

The Inspector of Police,Meensurity Police Station,Ariyalur District.(Crime No.130 of 2008)....Respondent Prayer:- Criminal Original Petition filed under Section 482 ofCr.P.C to direct the learned Additional District And SessionsJudge, for FTC II, Salem to recall the non-bailable warrantissued against the petitioner on 26.07.2019 without insistinghis presence in S.C.No.138 of 2013.

The petitioner is facing trial in S.C.No.138 of 2013 on thefile of the learned Additional District and Sessions Judge forFTC-II, Salem for the offences under Sections 147, 148, 120(b),307, 302, 326, 201 r/w. 302 IPC. He was absent on 26.07.2019which leading to issuance of Non Bailable Warrant against him.The petitioner seeks recall of warrant, without insisting of hisappearance.

2. Iam not inclined to dispense with the personalappearance of the petitioner. It is submitted that the next dateof hearing is fixed on 09.01.2020.

3. The learned counsel appearing for the petitioner oninstructions undertakes that the petitioner will appear beforethe Court below on 09.01.2020 and shall apply for recall of thewarrant.

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4. It is directed that the learned Trial Court shall recallthe warrant on the same day and this direction is issued basedon the undertaking given by the learned counsel appearing forthe petitioner that the petitioner will attend all the futurehearing dates without any default; If he is unable to appear, heshould ensure that his counsel represents him and files anapplication under Section 317 Cr.P.C. In other words, on accountof the absence of the petitioner, the trial will not bestalled. If the undertaking is breached, the benefit of theorder granted by this Court will be vacated.

5. With these directions, this Criminal Original Petitionis disposed of. The Non Bailable Warrant issued against thepetitioner will be kept in abeyance till then.

Sd/-Assistant Registrar

//True copy//

Sub Assistant Registrar

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