Madras High CourtCRL OP/1553/2016dismissed

Veeran v. State Rep By

2016-01-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1553 of 2016 Veeran ... Petitioner Vs State rep. by Inspector of Police, Asthampatti Police Station, Salem District. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to permit the petitioner to surrender before the Principal Assistant Sessions Judge, Salem/Subordinate Judge, Salem in S.C.No.43 of 2013 pending against him and file petition to recall warrant directing the lower Court to consider the same liberally in view of the stated facts. For Petitioner :

Mr.K.T.S.Sivakumar For respondents :

Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed to permit the petitioner to surrender before the learned Principal Assistant Sessions Judge, Salem/Subordinate Judge, Salem in S.C.No.43 of 2013 pending against him and file a petition to recall warrant directing the lower Court to consider the same liberally.

2. It is the case of the petitioner that the respondent police registered a case against one Dhanasekaran and himself under Section 306 IPC and the same was committed to the learned Principal Assistant Sessions Judge, Salem/Subordinate Judge, Salem in S.C.No.354 of 2010, in which the petitioner was the second accused. Due to his health condition, he did not appear before the Court, the case against the petitioner was spilt up and pending in S.C.No.43 of 2015. In the intervening period, the petitioner was bedridden due to an accident on 01.08.2014 and suffered fracture in his spinal card and hence he was unable to move out. Now, after an elaborate trial, the original case in S.C.No.354 of 2010 ended in https://hcservices.ecourts.gov.in/hcservices/

acquittal of the first accused on 22.12.2014. Now, a nonbailable warrant is pending against the petitioner before the learned learned Principal Assistant Sessions Judge, Salem/Subordinate Judge, Salem and the petitioner is ready to surrender before the trial Court and file a petition under Section 70(2) of Cr.P.C. for recalling the nonbailable warrant. Hence, he approached this Court.

3. The learned Additional Public Prosecutor vehemently opposed this petition by stating that the petitioner has been absconding for the past three years. Hence, he prayed for dismissal of this petition.

4. Since the petitioner is absconding for the past three years, this Court cannot give any positive direction to the Court below. Hence, the criminal original petition is dismissed. However, the petitioner is at liberty to approach the Court below with appropriate application to recall the warrant.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar rrg To 1.The Inspector of Police, Asthampatti Police Station, Salem District.

2. The Principal Assistant Sessions Judge Salem/ Subordinate Judge, Salem

3. The Public Prosecutor, High Court, Madras.

1 cc to M/s.K.T.S. Sivakumar, Advocate,. Sr. 4620 Crl.O.P.No.1553 of 2016 PPA (CO) kk 12/2 https://hcservices.ecourts.gov.in/hcservices/