J SELVARAJ Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking a direction to the learned Additional District and Sessions Judge, Tirupattur to accept his surrender in S.C.No.70 of 2017 and to consider his application to recall the warrant pending against him.

(2.) Though the petitioner has sought for a direction to the trial court to accept his surrender and consider his bail application, since this Court has an earlier occasion taken a view that non-bailable warrant can be recalled under Section 482 Cr.P.C, it would be appropriate to recall the warrant.

(3.) This Court in an earlier occasion had elaborately dealt with the issue as to whether the High Court, exercising its inhereint powers under Section 482 of the Code of Criminal Procedure, is empowered to quash or recall a Non-bailable Warrant when an alternate remedy under Section 70 (2) of the Code of Criminal Procedure empowers cancellation of the warrant by the court that had issued the warrant.