CRL OP No. 19845 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19845 of 2026 V.Srinivasan S/o. Venkatesh Naidu, FFT D Block, 4th Floor, Daksh Kshiptha Apartment, Thudiyalur, Saravanapatty Road, Vellaikinaru, Coimbatore 641 029. ..Petitioner(s) Vs B.Praveen Kumar S/o. Y.G. Balasundaram, Plot No.107, Krishna Nagar, Grandlyon, Kavangarai, Chennai-600 052. ..Respondent(s) PRAYER Criminal Original Petition filed under Sec.528 of B.N.S.S. 2023, praying to set aside the docket order dated 13-5-2026 passed by the learned Judicial Magistrate No. II Ponneri in Crl MP No. 05/2026 in STC No. 525/2024, dismissing the petition to recall the non-bailable warrant dated 07-04-2026. For Petitioner(s): Mr. R.S.Mangala Kumar https://www.mhc.tn.gov.in/judis CRL OP No. 19845 of 2026 __________ Page2 of 4 ORDER 1. The prayer in the Criminal Original Petition is to set aside the docket order dated 13.05.2026 passed by the learned Judicial Magistrate No.II, Ponneri, in Crl.MP.No.5 of 2026 in STC.No.525 of 2024. 2. Today, when the matter came up for hearing, the learned counsel for the petitioner would submit that when the non bailable warrant was issued against the petitioner and the petitioner presented an application in the presence of the accused on the earlier occasion, it was objected to by the learned counsel originally appeared for the accused, that application has been filed without the change of vakalat and on that ground it was adjourned, on the adjourned date, the petition was dismissed in the absence of the petitioner. 3. I have considered the said submissions. In any event the petition to recall the warrant would be taken up on the same day when the accused has surrendered and moved the application. In a case of surrender and recalling the warrant, the Court has to pass orders on merits notwithstanding the other objections from the counsel etc. When the warrant is pending, it is strange that after dismissal of the surrender application, the petitioner was also allowed to go scot-free. That kind of a procedure is incorrect. Therefore, let the petitioner surrender before the trial court and file application to recall the Non-bailable https://www.mhc.tn.gov.in/judis CRL OP No. 19845 of 2026 __________ Page3 of 4 warrant either through the same counsel or any other counsel. The court need not insist upon the change of vakalat etc. If the petitioner is present before the Court and sufficient reasons for his absence are furnished, the same may be considered on the very same day and appropriate order may be passed. In view thereof, giving liberty to the petitioner to file a fresh application for recalling the warrant, this Criminal Original Petition stands disposed of. 27-07-2026 Neutral Citation: Yes/No RPP The Judicial Magistrate No.II. Ponneri. https://www.mhc.tn.gov.in/judis CRL OP No. 19845 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY J. RPP CRL OP No. 19845 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis