Anandhan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G. K. ILANTHIRAIYAN Crl.O.P.No.9146 of 2020 Anandhan (M/42), S/o. Raja, Kattur Kulampatty Village & Post, Ayothiyapattinam, Salem District.

... Petitioner/A1 Vs.

The Inspector of Police, Thambaram Police Station, Thambaram, Chennai.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Additional District and Sessions Judge, Chengalpet to issue Prisoners Transfer warrant for production of the Petitioner/Accused in S.C.No.252 of 2005 on the file of Learned Additional District and Sessions Judge, Chengalpet in Crime No. 423 of 2003 pending on the file of the Respondent police now confined in Sub-Jail, Athur, Salem in Crime No.82 of 2020 on the file of the Kariapatti Police station, Salem. For Petitioner : Mr. P. Kumaresan For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Learned Additional District and Sessions Judge, Chengalpet to issue Prisoners Transfer warrant for production of the Petitioner/Accused in S.C.No.252 of 2005 on the file of Learned Additional District and Sessions Judge, Chengalpet in Crime no. 423 of 2003 pending on the file of the Respondent police, now confined in Sub-Jail, Athur, Salem in Crime No.82 of 2019 on the file of the Kariapatti Police station, Salem.

2.

The petitioner is an accused in Crime No.423 of 2003, on the file of the respondent police for the offences under Sections 364, 302, 201, 392 read with 397 of IPC. On completion of investigation, the respondent police had file a final report and the same has been taken cognizance in S.C.No.252 of 2005, on the file of the learned Additional District Judge, Chengalpattu. The petitioner was absent for trial and as such Non Bailable Warrant was issued against the petitioner and still is pending. In the meanwhile the petitioner was arrested and remanded to judicial custody in other case. Thereafter, the petitioner surrendered in Crime No.82 of 2019 registered for the offence under Section 174(3) of Cr.P.C., on the file of the Kariapatti Police Station, Salem District before the learned Judicial Magistrate, Vazhapadi, Salem. Thereafter, he was remanded to judicial custody and now he is confined in Sub-Jail, Athur, Salem.

3.

Heard Mr. P. Kumaresan learned counsel appearing for the petitioner and Mr. M. Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondent. 4.

Considering the above facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Chengalpattu, to issue Prisoner's Transfer Warrant for production of the petitioner/accused in S.C.No.252 of 2005, within a period of two weeks from the date of receipt of a copy of this order.

5.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar SSI To

1. The Additional District and Sessions Judge, Chengalpet.

2.The Judicial Magistrate, Chengalpet.

3. The Inspector of Police, Tambaram Police Station, Tambaram, Chennai.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9146 of 2020 ev[co] srg 02/07/2020