Ramesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.5385 OF 2022 Ramesh ... Petitioner .Vs.

The State Represented by The Sub Inspector of Police, Ramanatham Police Station Cuddalore District.

(Cr.No.199 of 2014 in C.C.No.11 of 2015) ... Respondent PRAYER:- Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to recall the N.B.W. issued by the Judicial Magistrate, Tittakudi on 20.03.2018 to consider the readiness of the Petitioner to surrender before the Judicial Magistrate, Tittakudi.

For Petitioner :

Mr.V.Ramalingam For Respondent :

Mr.V.Meghanathan Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to recall the N.B.W. issued by the Judicial Magistrate, Tittakudi on 20.03.2018 to consider the readiness of the Petitioner to surrender before the Judicial Magistrate, Tittakudi.

2. Learned counsel for the petitioner would submit that the petitioner is an accused facing Trial in C.C.No.11 of 2015 for the offences under Sections 294(b), 323, 326 & 506 (ii) IPC. Since the Petitioner has not appeared before the Court, the learned Judicial Magistrate, Tittakudi had issued Non Bailable https://hcservices.ecourts.gov.in/hcservices/

Warrant against the Petitioner on 20.03.2018. At that time, the Petitioner was at Gujarat and unable to return to Tamil Nadu on account of Covid pandemic situation. The Petitioner is ready to surrender and thereby he would seek for a direction to the learned Judicial Magistrate, Tittakudi to accept the surrender of the Petitioner and recall the Non Bailable Warrant dated 20.03.2018.

3. Mr.V.Meghanathan, learned Government Advocate would submit that the Petitioner has been absconding from 20.03.2018 and there is no progress in the trial.

4. In view of the above said circumstances, the petitioner is directed to surrender before the trial Court and file an application to recall Non Bailable Warrant, on such application, the trial Court shall consider the same on the same of day of surrender and dispose the case in accordance with law taking into account the merits of the case.

5. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Judicial Magistrate, Tittakudi.

2.

The Sub Inspector of Police, Ramanatham Police Station Cuddalore District.

3.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.V.Ramalingam, Advocate, S.R.No.15623 CRL.O.P.NO.5385 OF 2022 PMK(CO) PBS/23/03/2022 https://hcservices.ecourts.gov.in/hcservices/