Crl.O.P.(MD).No.11653 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.11653 of 2026 Kumaresan ...Petitioner/ Accused No.9 Vs State of Tamil Nadu Rep by 1. The Deputy Superintendent of Police, Melur Taluk, Madurai District. 2. The State of Tamil Nadu, Represented by its The Inspector of Police, Keelavalavu Police Station, Madurai District. (Crime No.197 of 2021) ... Respondents 1 and 2 3.Nheru ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai to consider the petitioner's application for recalling the Non- Bailable Warrant dated 14.06.2023 on the very same day of his surrender in Spl.S.C.No.187 of 2021 in connection with the Crime No.197 of 2021 on the file of the second respondent police. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.11653 of 2026 For Petitioner : Mr.Santhanam Rajesh Kumar B For R1 & R2 : Mr.B.Arun Counsel for State of TN(Crl.Side) ORDER The present petition has been filed by the 9th accused in Spl.S.C.No. 187 of 2021, on the file of the learned III Additional District and Sessions Judge (PCR Court), Madurai, seeking to recall the Non-Bailable Warrant dated 14.06.2023. 2. According to the learned counsel appearing for the petitioner, the non appearance of the petitioner was neither wilful nor wanton. Due to ill health, he was not able to appear. 3. Considering the above said facts, there shall be a direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and consider the recalling of the Non- Bailable Warrant on the date of surrender itself. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.11653 of 2026 4. The petitioner shall surrender before the concerned Court on or before 03.07.2026. 5. With the above said observations, this Criminal Original Petition stands allowed. 19.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The III Additional District and Sessions Judge (PCR Court), Madurai. 2.The Deputy Superintendent of Police, Melur Taluk, Madurai District. 3. The Inspector of Police, Keelavalavu Police Station, Madurai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.11653 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.11653 of 2026 19.06.2026 4/4 https://www.mhc.tn.gov.in/judis