Madras High Court
CRL OP(MD)/24625/2026 of Amaran Vs The State of Tamilnadu, rep on 28 October 2026
CRL OP(MD) No. 24625 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 24625 of 2026
CNR:{HCMD011534542026}
AND
CRL MP(MD) NO. 23010 OF 2026
Amaran
S/o.Rathinam,
D.No.801,
Prime Pro Apartment,
Surveyor Colony,
Madurai District.
..Petitioner(s)
Vs
1. The State of Tamilnadu, rep by The Assistant Commissioner of Police Thallakulam Range, Madurai City, Madurai District.
2. State Of Tamilnadu Rep By Inspector Of Police, Thiruppalai Police Station, Madurai City, Madurai District, Crime No.87/2024
3. Xxxx
4. Xxxx
5. Xxx
..Respondent(s)
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CRL OP(MD) No. 24625 of 2026
PRAYER: This petition filed under Section 528 of BNSS to set aside the daily e-court diary order dated 22.10.2026 passed by the learned Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Madurai in Spl.SC.No.302 of 2025 insofar as it relates to the issuance of a non bailable warrant against the petitioner/A2.
For Petitioner(s)
:Mr.A.Balaji
For Respondent(s)
:Mr.B.Arun,counsel For State Of Tn
(crl.Side)for R1 And R2
ORDER
The present petition has been filed by A2 in Spl.SC.No.302 of 2025 on the file of Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Madurai, seeking to set aside the docket order, dated 22.10.2026, wherein, the order of NBW issued as against him.
2. Perusal of the records reveal that the petitioner herein had filed a petition in Crl.OP(MD) No.7791 of 2026 seeking to quash the charge sheet. In the said petition, order of interim stay has been granted by this Court on 28.04.2026. The personal appearance of the petitioner is also dispensed with in the said order. The said interim order is being extended periodically and the same is in force. In the meantime, the case is posted for framing of charges. Due to non-appearance of the petitioner, NBW has been issued. This order has been put to challenge.
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CRL OP(MD) No. 24625 of 2026
3. In view of the fact that an interim stay order was already in force, a Non-Bailable Warrant (NBW) could not have been issued against the petitioner on the ground of non-appearance. Accordingly, the docket order dated 22.10.2026, passed by the learned Sessions Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai, issuing an NBW against the petitioner, is hereby set aside.
4. With the aforesaid observations, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy on 29.10.2026 PNM To
1. The Sessions Judge, Special Court for Exclusive Trial of POCSO Act Cases, Madurai
2. The Assistant Commissioner of Police Thallakulam Range Madurai City Madurai District
3. The Inspector Of Police, Thiruppalai Police Station Madurai City Madurai District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai
CRL OP(MD) No. 24625 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 24625 of 2026 AND CRL MP(MD) NO. 23010 OF 2026 28-10-2026
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