Madras High CourtCRL OP/26738/2015disposed of

P.Gopalakrishnan v. The Inspector Of Police

2015-11-03Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26738 of 2015 P.Gopalakrishnan ... Petitioner Vs The State Rep. By Inspector of Police, Perumanallur Police Station, C.C.No.19 of 2006, Tiruppur District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the trial Court/learned Judicial Magistrate Court No.2, Tiruppur to consider the Non Bailable Warrant recall petitions to be filed by the petitioner, on his surrender on the same day on merits in connection with the case in C.C.No.19 of 2006 pending trial on the file of the Judicial Magistrate Court No.2, Tiruppur.

For Petitioner :

Mr.S.Prabakar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction to the learned Judicial Magistrate Court No.2 to consider the bail petition on the same day and release him on bail in connection with the case in C.C.No.19 of 2006.

2. The petitioner is an accused for an offence punishable under Sections 279 and 304(A) IPC.

3. The learned counsel for the petitioner submits that since the petitioner had not appeared before the lower Court, non-bailable warrant has been issued against the petitioner.

4. Considering the submissions made, this Court feels that this is a fit case for recall of the non-bailable warrant issued by the lower Court and accordingly, the petitioner is directed to appear in person to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate-II and in the event of filing such an application, the learned Judicial Magistrate-II, Tiruppur is directed to consider the same and pass orders on merits and in accordance with law.

5. With the above direction, the petition is disposed of. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vsm To 1.Inspector of Police, Perumanallur Police Station, C.C.No.19 of 2006, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate II, Tiruppur.

+1 cc to Mr.R.Prabhakar, Advocate, sr.60519 Crl.O.P.No.26738 of 2015 ar iii kra 20.11.2015 https://hcservices.ecourts.gov.in/hcservices/