Madras High CourtCRL OP/2773/2019disposed of

Boobalan v. The Inspector Of Police,

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2773 of 2019 Boopalan

...Petitioner

-VsState By: The Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.45 of 2015) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Judicial Magistrate No.1, Mettur Salem District to consider the recall warrant petition of the Petitioner on merits on the surrender of the Petitioner/Accused on the same day in connection with S.T.C.No.1186 of 2017 pending on the file of the Judicial Magistrate No.1, Mettur, Salem District.

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

ORDER

This Criminal Original Petition has been filed to direct the Judicial Magistrate No.1, Mettur Salem District to consider the recall warrant petition of the Petitioner on merits on the surrender of the Petitioner/Accused on the same day in connection with S.T.C.No.1186 of 2017 pending on the file of the Judicial Magistrate No.1, Mettur, Salem District.

2. The petitioner is arrayed as accused in S.T.C.No.1186 of 2017, on the file of the Judicial Magistrate No.1, Mettur, Salem District, for the offences punishable under Sections 294(b), 323 and 506(i) of IPC.

3. The petitioner was absent during the trial in S.T.C.No.1186 of 2017, on the file of the Judicial Magistrate No.1, Mettur, Salem District. Therefore non bailable warrant came to be issued on 30.05.2018.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the Judicial Magistrate No.1, Mettur, Salem District, within a period of two weeks from today and to file a petition to recall the NBW issued against him. 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 //True Copy// Sub Assistant Registrar kal To 1.The Judicial Magistrate No.1, Mettur, Salem District 2.The Inspector of Police, Kolathur Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.Karan and Uday, Advocate, S.R.No.9411 Crl.O.P.No.2773 of 2019 RR(CO) rrs 11/03/2019 https://hcservices.ecourts.gov.in/hcservices/