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Madras High CourtCRL OP/16619/2016closed

V.Sekar, S/O.Varadaraja v. J.Senthil Kumar, S/O.Jayaraman

2016-08-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16619 of 2016 V.Sekar ..Petitioner Vs J.Senthil Kumar .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Judicial Magistrate, Polur to dispose the STC No.130 of 2016 as expeditiously as possible. For Petitioner :

Mr.N.Sivaprakash

O R D E R

This petition has been filed to direct the Judicial Magistrate, Polur to dispose the STC No.130 of 2016 as expeditiously as possible.

2. Heard the learned counsel for the petitioner.

3. From the docket adjudication dated 17.06.2016 it is seen that Bailable warrant is pending against the accused. The learned counsel for the petitioner submits that the accused has surrendered and the warrant has been recalled. In the event of the warrant being recalled, in cases of this nature, the trial Court should obtain a bond under Section 88 Cr.P.C. as laid down by the Supreme Court in Indian Bank Association and Others vs. Union of India and others, [2014-2-L.W. (Crl.) 400] otherwise, the accused will not be entitled to suspension of sentence or bail under Section 389(3) Cr.P.C.

4. Taking into consideration the facts and circumstances of the case, this Court directs the Judicial Magistrate, Polur to complete the trial in STC No.130 of 2016 within six months https://hcservices.ecourts.gov.in/hcservices/

from the date of receipt of a copy of this order, provided the complainant co-operates.

With the above direction, this petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gms To 1.The Judicial Magistrate, Polur.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S.Natarajan, Advocate, sr.43688 Crl.OP. No.16619 of 2016 rk co kra 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/