(1.) THE learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking a direction to the learned X Metropolitan Magistrate, Egmore, Chennai, to consider and pass orders on the same day on the petition filed by the petitioners under Section 70(2) of the Code of Criminal Procedure in C.C. No. 4617 of 2003 without insisting their presence
(2.) C.S. Dhanasekaran, learned counsel appearing for the petitioners submitted that the petitioners were facing trial for the alleged offence under Section 500 I.P.C. before the learned X Metropolitan Magistrate, Egmore, Chennai, and all the petitioners are from Andhra Pradesh State and they were not able to appear before the court on the ground that they said to have been informed by their learned counsel that the said case was already closed and there was no necessity for them to attend the case. But subsequently, they came to know that a Non-Bailable Warrant was issued against them by the learned Magistrate. It is submitted by the learned counsel that the case is a summons case and the offences alleged against the petitioners is bailable one and the absence of the petitioners on the date of the learned Magistrate issued the Non-Bailable Warrant is neither willful nor wanton but only due to the above said circumstances. It is also submitted by the learned counsel that the petitioners are willing and ready to co-operate for the proceedings of the trial of the case. It is submitted by the learned counsel for the petitioners that the petitioners are having apprehension that if they appeared before the learned Magistrate they may be arrested. The learned counsel also contended that for filing petition under Section 70(2) of Cr.P.C. the presence of the petitioners before the Court is not at all necessary. It is further contended that this Court may direct to recall the NBW issued by the learned Magistrate and thereafter after passing the order the petitioners may appear before the concerned Court.
(3.) I have carefully considered the submissions of both sides and also perused the petition and other materials available on record.