THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2395 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 01.11.2011 passed in Crl.M.P.No.4024 of 2011 in C.C.No.104 of 2010 by the learned Judicial First Class Magistrate, Kurnool, whereby the learned Magistrate dismissed the application ﬁled under Section 70(2) Cr.P.C. 2. Learned counsel for the petitioner argued that the petitioner could not able to attend the court on 31.08.2010 due to his ill health. But, the learned Magistrate without considering the said fact, issued NBW against the petitioner. 3. This Court perused the record and heard the arguments. 4. On perusal of the record, it is seen that the petitioner suﬀering from ailments. In the circumstances, this Court is of the view that the said warrant issued by the learned Magistrate is only to secure the presence of the petitioner-accused before the trial Court and when the petitioner expressed his inability for his absence and intends to appear before the Court regularly, the question of execution of NBW does not arise. Hence, the petitioner is directed to surrender before the court concerned and ﬁle an application to recall the warrant issued against him. On such ﬁling, the trial Court is directed to recall the warrant issued against the petitioner on his execution of a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with one surety for the like sum, on the same day. 5. With the above observation, the Criminal revision case is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 1st December 2011, Rns.