1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16346 of 2011 Murugan ... Petitioner(Accused-1) Vs. The State represented by The Inspector of Police, C.B.C.I.D. Wing, Tirunelveli District. Crime No.156 of 2007 originally registered by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District. ... Respondent(Complainant) PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional District and Sessions Judge (P.C.R. Court), Tirunelveli, Tirunelveli District to consider and dispose of the warrant re-call petition to be filed by the petitioner on the same day of its filing in connection with the case in S.C.No.78 of 2011 on the file of the Tirunelveli, Tirunelveli District. For Petitioner :Mr.R.Anand For Respondents :Mr.P.Kannithevan, Govt. Advocate (Crl. Side) for R1 O R D E R This petition has been filed to direct the II Additional District and Sessions Judge (P.C.R. Court), Tirunelveli, Tirunelveli District to consider and dispose of the warrant re-call petition to be filed by the petitioner on the same day of its filing in connection with the case in S.C.No.78 of 2011 on the file of the Tirunelveli, Tirunelveli District. 2.Heard Mr.R.Anand learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondent. 3.The learned counsel appearing for the petitioner would submit the petitioner apprehends arrest at the hands of the respondent police, pursuant to the non bailable warrant issued by the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, Tirunelveli District on 19.09.2011 in connected with the case in crime No.156 of 2007 for the offence under Sections 147, 148, 341, 294(b), 307, 302 read with 109 I.P.C. and Section 32)((v) of SC/ST (POA) Act, which was subsequently, taken on file in S.C.No.78 of 2011 before the said Court. 4.The learned counsel appearing for the petitioner would submit that the petitioner has already obtained bail and due to his health condition, he did not appear before the said Court on 19.09.2011 and hence, the learned II Additional District and Sessions Judge (P.C.R. Court), https://hcservices.ecourts.gov.in/hcservices/ 2 Tirunelveli, Tirunelveli District has issued non bailable warrant and hence, he has come forward with the petition for the relief stated earlier. 5.The learned Government Advocate (criminal side) would submit in his argument that the respondent would obey the order passed by this Court. 6.Considering the facts and circumstances of the case, I could see that the petitioner has already been granted bail and he has appeared before the said Court for all the hearings and on 19.09.2011, due to the health condition of the petitioner, he did not appear before the Court and hence, a non bailable warrant was issued against the petitioner. Therefore, I am of the view that since the petitioner has already obtained bail, it is directed that the petitioner to surrender before the learned II Additional District and Sessions Judge (P.C.R. Court), Tirunelveli within a period of 15 days from the date of receipt of a copy of this order and it is for the said Court to consider the application for cancellation of non bailable warrant filed by the petitioner and to pass orders on merits on the same day. 7.With the aforesaid direction, this criminal original petition is ordered accordingly. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) TO 1.The II Additional District and Sessions Judge P.C.R. Court, Tirunelveli, Tirunelveli District. 2.The Inspector of Police, C.B.C.I.D. Wing, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. arul Crl.O.P.(MD) No.16346 of 2011 15.12.2011 TR : 21.12.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/