Madras High CourtCRL OP/732/2019disposed of

Rangasamy v. State By

2019-01-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.732 of 2019 1.Rangasamy 2.Prakash 3.Pappathi 4.Sunthari 5.Gowri 6.Perumayee 7.Palani 8.Sagunthala

...Petitioners/Accused

-VsThe Inspector of Police, Kolathur Police Station, Kolathur, Mettur (TK), Salem District ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate No.I, Mettur, Salem District to consider the recall Warrant petition of the petitioners on merits on their surrender of the petitioners/accused on the same day in connection with C.C.No.12 of 2016, pending on the file of the learned Judicial Magistrate No.I, Mettur, Salem District.

For Petitioner :Mr.Karan, Mr.Karan and Uday For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the Learned Judicial Magistrate No.I, Mettur, Salem District, by an order dated 20.12.2018 against the petitioners in C.C.No.12 of 2016.

2. The petitioners are arrayed as accused in C.C.No.12 of https://hcservices.ecourts.gov.in/hcservices/

2016, on the file of the Learned Judicial Magistrate No.I, Mettur, Salem District, for the offences punishable under Sections 147, 148, 294(b), 323, 324, 326 and 506(ii) of IPC.

3. The petitioners were absent during the trial in C.C.No.12 of 2016, on the file of the Learned Judicial Magistrate No.I, Mettur, Salem District.

Therefore, non bailable warrant came to be issued on 30.11.2018.

4. The learned counsel appearing for the petitioners undertakes that the petitioners shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioners, the petitioners are directed to appear before the Learned Judicial Magistrate No.I, Mettur, Salem District, within a period of two weeks from today and to file a petition to recall the NBW issued against them. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpl/ay To

1. The Judicial Magistrate No.I, Mettur, Salem District 2.The The Inspector of Police, Kolathur Police Station, Kolathur, Mettur (TK), Salem District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Karan and Uday, Advocate, S.R.No.2878 Crl.O.P.No.732 of 2019 GSP(25/01/2019) https://hcservices.ecourts.gov.in/hcservices/