SELVARAJ Vs. STATE REP.

JUDGEMENT

(1.) This appeal has been filed against the order passed in Crl.M.P.No.43 of 2018 by the learned Principal Sessions Judge, Namakkal, in S.C.No.78 of 2016 by order dated 10.01.2018.

(2.) The case of the appellant is that, he is A15 in the said case, pending trial before the trial Court, where the case was posted on 19.12.2017 for hearing for the purpose of framing of charges. On that date, the appellant was not present and on his behalf, a petition to dispense with his presence under Section 317 of CrPC was filed by his counsel. However, the learned Judge, having rejected the said petition, had issued Non-Bailable Warrant against the appellant. Subsequently, the appellant surrendered before the trial Court on 10.01.2018. However, the learned Judge, while accepting the surrender, has rejected the petition filed by the appellant to recall the Non Bailable Warrant. Challenging the said order dated 10.01.2018 in rejecting the application for recalling the Non-Bailable Warrant, the present appeal is preferred.

(3.) On notice, Ms.S.Thankira, learned Government Advocate (Criminal Side) appeared for the respondent/State.