S.Venugopalraj v. State By, The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S. Venugopalraj ... Petitioner

Versus

1.State rep.by, The Superintendent of Police, T-Nagar,Chennai South.

2.The Inspector of Police, R-1, Mambalam Police Station, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent Police to execute the bailable warrant dated 16.05.2024 issued in STC.No.109 of 2024 on the file of the learned Judicial Magistrate FTC(ML) No.2, Coimbatore as against the accused therein on or before the next hearing date i.e., 29.04.2025.

For Petitioner : Mr. K.R. Arun Shabari For Respondents : Mr. A. Gopinath, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been seeking a direction to the respondent Police to execute the bailable warrant dated 16.05.2024, issued in STC.No.109 of 2024 on the file of the learned Judicial Magistrate FTC(ML) No.2, Coimbatore, against the accused therein on or before the next hearing date i.e., 29.04.2025.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is the de-facto complainant who lodged a complaint for the offence punishable under Section 138 of the Negiotiable Instruments Act, 1818, which was taken on file in STC.No.109 of 2024 before the Judicial Magistrate FTC(ML) No.2, Coimbatore. Due to the non-appearance of the accused, the Trial Court issued summons. The respondents Police also failed to produce the accused before the Trial Court on the hearing date, 16.05.2024. Consequently, the Trial Court issued a bailable warrant against the

accused which is pending on the file of the second respondent.

4. In view of the above, the respondents are directed to execute the bailable warrant dated 16.05.2024, issued by the Trial Court in STC.No.109 of 2024, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. The petitioner is also directed to furnish the correct address of the accused and also co-operate with the execution of the bailable warrant issued against the accused.

6. With the above observations and directions, this Criminal Original Petition is disposed of.

20.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt

G.K.ILANTHIRAIYAN, J.

klt To 1.The Superintendent of Police, T-Nagar,Chennai South.

2.The Inspector of Police, R-1, Mambalam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

20.03.2025