Madras High CourtCRL OP/7615/2024disposed of

Rajesh Sethuraj v. Loganathan

2024-03-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.7615 of 2024 Rajesh Sethuraj

...Petitioner

Vs 1.Loganathan 2.The Inspector of Police, Udumalpet, Tiruppur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.1, Udumalpet, to accept the surrender of the petitioner herein before him concerned in C.C.No.127 of 2018 on the file of the learned Judicial Magistrate No.1, Udumalpet, and to consider the 70(2) Cr.P.C. petition on the same day itself.

For Petitioner : Mr.V.Murugesan For R2 : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.1, Udumalpet, to accept the surrender of the petitioner herein before him concerned in C.C.No.127 of 2018 on the file of the learned Judicial Magistrate No.1, Udumalpet, and to consider the 70(2) Cr.P.C. petition on the same day itself. 2.The petitioner is arrayed as accused in C.C.No.127 of 2018, on the file of the learned Judicial Magistrate No.1, Udumalpet, for the offences punishable under Section 138 of the Negotiable Instruments Act.

3. The petitioner was absent during the trial in C.C.No.127 of 2018, on the file of the learned Judicial Magistrate No.1, Udumalpet. Therefore, bailable warrant came to be issued on 05.09.2018.

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.

5. Considering the undertaking given by the petitioner, the petitioner is directed 2/4

to appear before the learned Judicial Magistrate No.1, Udumalpet, within a period of two weeks from today and file a petition to recall the bailable warrant issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day and shall get a bond under Section 88 Cr.P.C., from the petitioner.

6. Accordingly, the Criminal Original Petition stands disposed of. 27.03.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Judicial Magistrate No.1, Udumalpet.

2.The Inspector of Police, Udumalpet, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P. No.7615 of 2024 27.03.2024 4/4