M.Sasi Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR M.Sasi Kumar ..Petitioner(s) Vs State rep by its The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

(SC.No.304 of 2024)Chennai ..Respondent(s) To set aside the return docket order passed in Crl.MP.Sr.No.1031 of 2026 dated 27.03.2026 by the learned VI Additional Sessions Judge, Chennai, in S.C.No.304 of 2024.

For Petitioner(s):

Mr.D.Jaiganesh For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to set aside the return docket order passed in Crl.MP.Sr.No.1031 of 2026 dated 27.03.2026 by the learned VI Additional Sessions Judge, Chennai, in S.C.No.304 of 2024.

2. The petitioner filed a petition under Section 70(2) Cr.P.C. before the Trial Court on 27.03.2026 to recall the non-bailable warrant issued against him. The said petition was returned on the ground that the address furnished in the surrender petition differed from the address mentioned in the charge sheet, and no explanation was provided for such discrepancy. Hence, the present petition has been filed.

3. The learned Additional Public Prosecutor submitted that the accused in SC.No.304 of 2024 is involved in a murder case. Apart from this case, the petitioner is also an accused in Crime No.340 of 2025, wherein he was found in illegal possession of banned tobacco products of Tydol 100 mg (14 numbers), use and throw syringes (5 numbers), and tablets mixed syringes (8 numbers). It was also stated that the petitioner is having 11 previous cases. According to the prosecution, the petitioner has a tendency to provide false addresses at the time of arrest for his convenience, and has been absconding, thereby evading Court proceedings and causing prolonged pendency of cases.

4. Considering the above submissions, it is evident that the petition was returned by the learned Sessions judge due to the discrepancy in the address. It is for the petitioner to furnish correct address along with supporting documents before the Court below and satisfy the Court regarding the same. Instead, filing this Criminal Original Petition is not appropriate.

5. In view of the above, this Court is not inclined to entertain the petition. Accordingly, the Criminal Original Petition is dismissed. 09-04-2026 Index: Yes/No Speaking/Non-speaking order PVS To

1. VI Additional Sessions Judge, Chennai

2. The Inspector of Police R-6, Kumaran Nagar Police Station, Chennai.

(SC.No.304 of 2024)

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

PVS 09-04-2026