Madras High Court
CRL OP(MD)/23673/2026 of Ganesan Vs State Of Tamilnadu Rep By In on 16 October 2026
CRL OP(MD) No. 23673 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23673 of 2026
CNR:{HCMD011452152026}
Ganesan
S/o. Sandhanam,
No. 177, Aavudaiyarpuram,
Thoothukudi District.
..Petitioner(s)
Vs
State Of Tamilnadu Rep By Inspector Of Police, Seidunganallur Police Station, Thoothukudi District, Crime No.77/2021
..Respondent(s)
PRAYER: This petition filed under section 528 of BNSS to accept the surrender and recall the Non Bailable warrant dated 03.09.2026 on the file of the Learned Subordinate Judge, Srivaikuntam, Thoothukudi District, in S.C.No.518 of 2023 against the petitioner on the same day.
For Petitioner(s):
M/s C.VENKATESH
For Respondent(s):
M/S. B. ARUN, GOVERNMENT
ADVOCATE (CRL. SIDE)
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ORDER
The present petition has been filed by A3 in SC No. 518 of 2023 on the file of learned Subordinate Judge, Srivaikuntam, Thoothukudi District, seeking a direction to recall the NBW issued by the concerned Court on 03.09.2026.
CRL OP(MD) No. 23673 of 2026
2. According to the learned counsel appearing for the petitioner, due to his apprehension in another case, he filed his recall warrant petition without his presence and was not taken into consideration and there was a delay in his appearance before the trial Court and in such circumstances, dismissing his application filed under section 317 of CRPC, NBW has been issued.
3. According to the learned counsel appearing for the petitioner, he is ready to co-operate for the trial and he will not abscond.
4. The learned Government Advocate (Crl.Side) appearing for the respondents police submits that out of the five accused, they are not appearing in alternative hearings and the trial is being dragged on for the past three years.
5. Considering the above facts, this Court is inclined to pass the following order: • The petitioner is directed to surrender on or before 03-11-2026 and on such surrender, the NBW shall be recalled on the same day by the trial Court; • The petitioner is directed to co-operate for the trial;
CRL OP(MD) No. 23673 of 2026 • The petitioner shall appear for all the hearings without seeking any dispensing with his presence; • In case of any violation, the Court is always at liberty to proceed in accordance with law.
6. With the aforesaid observations, this Criminal Original Petition stands disposed of. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To
1. The Subordinate Judge, Srivaikuntam, Thoothukudi District
2. The Inspector Of Police, Seidunganallur Police Station, Thoothukudi District,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 23673 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 23673 of 2026 16-10-2026