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Madras High CourtCRL OP/9534/2022dismissed

R.Varatharajan v. The State By Sub Inspector Of Police

2022-06-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.9534 OF 2022 R.Varatharajan S/o.Raman ... Petitioner

Versus

The State by The Sub-Inspector of Police, Mallikarai Police Station, Attur Taluk, Salem District.

(Crime No. not known of 2022) ... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to accept the surrender of the petitioner and consider the bail petition on the same day in connection with NBW issued in S.T.C.No.217 of 2018 dated 11.03.2022 on the file of District Munsif cum Judicial Magistrate at Vazapadi under the circumstances. For Petitioner :

Mr.P.Ganapathy For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to accept the surrender of the petitioner and consider the bail petition on the same day in connection with non-bailable warrant issued in S.T.C.No.217 of 2018, dated 11.03.2022.

2. It is pertinent to note that this petition itself is nothing, but suppression of material facts. In fact, the petitioner was convicted for the offence under Sec.138 of https://hcservices.ecourts.gov.in/hcservices/

Negotiable Instruments Act and sentenced to pay a fine of Rs.74,000/-. As the petitioner was absent on the date of judgment, non-bailable warrant was issued against him. Such being the position, a direction to accept the surrender at this stage, cannot be granted. It is for the petitioner to surrender before the trial court and work out his remedy before the concerned court as per law. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp To 1.

The Sub-Inspector of Police, Mallikarai Police Station, Attur Taluk, Salem District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Ganapathy, Advocate, S.R.No.32216 CRL.O.P.NO.9534 OF 2022 JPL(CO) PBS/16/06/2022 https://hcservices.ecourts.gov.in/hcservices/