N.Murali Krishnan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Murali Krishnan S/o.(Late) Narayanan ... Petitioner Vs.

1.State by:

The Superintendent of Police, Coimabtore District (Rural).

2.State by:

Inspector of Police, Mahalingapuram Police Station, Pollachi.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents to execute the non-bailable warrant issued against the accused in C.C.No.4163 of 2013 pending on the file of Fast Track Court III, Saidapet, Chennai. For Petitioner :

Mr.A.Nagarajan For Respondents :

Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This petition has been filed seeking for a direction to the respondent police to execute the non-bailable warrant issued against the petitioner in C.C.No.4163 of 2013 pending on the file of Fast Track Court III, Saidapet, Chennai.

2. Heard Mr.A.Nagarajan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. When the matter came up for hearing, learned Additional Public Prosecutor produced a daily status order passed by the Court below in C.C.No.4163 of 2013. On going through the same, it is seen that the nonbailable warrant is pending as against the accused person and the Court below has directed the petitioner/complainant to be present before the Court without fail during the next date of hearing on 11.04.2024 failing which orders will be passed under Section 204 Cr.P.C.

4. It is seen from records that the complaint was filed in the year 2013 and it is pending for nearly 11 years. The grievance of the petitioner 2/4

is that the accused person does not appear before the Court and the petitioner is being dragged to the Court without any improvement in the case for the last 11 years.

5. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the petitioner to appear before the Court below during the next date of hearing on 11.04.2024. In the mean time, there shall also be a direction to the second respondent to execute the non-bailable warrant that is pending against the accused person and produce the accused person before the Court during the next date of hearing.

6. On the appearance of the accused person, if it is seen that the accused person has violated the bond under Section 88 Cr.P.C., which was already executed, the Court below shall take a decision regarding the same and the trial shall be conducted on a day-to-day basis and the proceedings in C.C.No.4163 of 2013 shall be completed within a period of two (2) months thereafter.

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N.ANAND VENKATESH, J gm This Criminal Original Petition is disposed of with the above direction.

27.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Fast Track Court III, Saidapet, Chennai.

2.The Superintendent of Police, Coimabtore District (Rural).

3.The Inspector of Police, Mahalingapuram Police Station, Pollachi.

4.The Public Prosecutor, High Court, Madras.

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