S. Sivaraj v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.23709 of 2015 S.Sivaraj .. Petitioner/Defacto complainant Vs.
1. State rep.by The Inspector of Police, City Crime Branch, Chennai, (in Crime No.9 of 2015) 2.Dr.Udayan Felix
3. P.Peres Franklin .. Respondents/Complainant 2nd Accused Surety Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned XI M.M. Court, Saidapet, Chennai to take action for issuance of warrant of arrest in Crime No.9 of 2015 against the 2nd and 3rd respondents herein for the breach of surety bail bond as provided under Section 443 of Cr.P.C. For Petitioner : Mr.T.C.S.Raja Chockalingam For Respondent : Mr.C.Emalias, No.1 Addl. Public Prosecutor For Respondents M/s.S.Joel & No. 2 & 3 : M.Sathish Kumar
O R D E R
This criminal original petition has been filed by the defactocomplainant in Crime No.9 of 2015 for a direction to the the learned XI M.M. Court, Saidapet, Chennai to take action against the accused for furnishing improper sureties with the bail bond.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent No.1 and the learned counsel appearing for the respondents No.2 & 3.
3. The direction as prayed for by the petitioner cannot be granted, because the power of the Magistrate Act under Section 443 Cr.P.C is already available and if the Magistrate finds that the accused had given wrong particulars, it is always open to the Magistrate to initiate action against the accused. In view of the above, no blanket direction need to be issued. Hence, the criminal original petition is closed. -s/dAssistant Registrar(CSII) dt:29/09/2015 True Copy Sub-Assistant Registrar sms To
1. The learned XI M.M. Court, Saidapet, Chennai 2.-do-Thro The Chief Metropolitan Magistrate Egmore, Chennai
3. The Inspector of Police, City Crime Branch, Chennai, (in Crime No.9 of 2015)
4. The Public Prosecutor, High Court, Madras.
+1 cc to M/S.Joel Advocate sr.51763 +1 cc to the Public Prosecutor sr.no.51494 CRL.OP.No.23709 of 2015 aa29/09/2015