1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.318 of 2011 P.Mohan ... Petitioner/Accused Vs. State through the Sub-Inspector of Police, Ottapitaram Police Station, Kovilpatti, Tuticorin District. ... Respondent/Respondent Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against returned the warrant recall petition by the Court of Assistant Sessions Judge, Kovilpatti in S.C.No.164 of 2010 dated 14.03.2011. For Petitioner : M/s. M.Subash Babu For Respondent : Mr.P.Rajendran, Govt. Advocate (Crl.side) O R D E R Heard the submission of Mr.M.Subash Babu, learned counsel for the petitioner and Mr.P.Rajendran, learned Government Advocate (Crl.side). 2. The petitioner is the sitting Member of the Legislative Assembly of Ottapitaram Constituency and he along with five other accused are prosecuted for the alleged commission of the offences under Sections 147, 148, 341, 294(b), 323, 324, 307, 506(ii) r/w. 149 and 109 I.P.C. 3. When the case in S.C.No.164 of 2010 was listed before the Court of Judicial Magistrate, Vilathikulam for appearance of the accused, the petitioner, who is arrayed as A6 could not appear for the reason that he was busy with the election arrangements and when the matter was called on 25.01.2011, he arrived late and due to his absence, Non-Bailable Warrant came to be issued. To recall Non-Bailable Warrant, the petitioner/A6 filed a petition citing the above said reasons. The petitioner also placed reliance on the judgment reported in 2007 (2) TNLR 15 (Madras) in Muthu vs. State of Tamil Nadu, this Court has laid down the principles that at the time of filing of the application to recall the Non-Bailable Warrant, the presence of the accused is not at all necessary. However, the lower Court has returned the papers stating that the said decision is not applicable to the case on hand. The petitioner being aggrieved by the same, preferred this revision. 4. A perusal of the petition would disclose that the petitioner/A6 arrived at late on 25.01.2011 and consequently, Non-Bailable warrant came to be issued. 5. This Court taking into consideration of the fact that the petitioner is the sitting M.L.A of Ottapitaram Constituency and he was https://hcservices.ecourts.gov.in/hcservices/ 2 busy with the election arrangements is of the view that the Non-Bailable Warrant issued on 25.01.2011 against him is to be recalled. 6. In the result, the revision petition is allowed and the Non- Bailable Warrant dated 25.01.2011 issued against the petitioner/A6 is recalled subject to the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Court of Assistant Sessions Judge, Kovilpatti. (ii) The petitioner shall file an affidavit of undertaking before the said Court that he will appear before the said Court on all future hearing dates without fail. 7. If the petitioner fails to comply with any one of the above said conditions, the revision stands dismissed automatically without further reference to this Court. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1. The Sub-Inspector of Police, Ottapitaram Police Station, Kovilpatti, Tuticorin District. 2. The Assistant Sessions Judge, Kovilpatti. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Akv SR : 14.07.2011 : 2p/4c Crl.R.C.(MD)No.318 of 2011 21.04.2011 https://hcservices.ecourts.gov.in/hcservices/