Subash v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P. No.10426 of 2023 Subash ... Petitioner Vs.

State represented by The Inspector of Police, M-8 Sathangadu Police Station, Tiruvallur District.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the docket order passed by the learned Judicial Magistrate-II at Ponneri in Crl.MP.No. SR.No.3896 of 2023 dated 02.05.2023 in S.C.No.103 of 2016 pending on the file of Additional District and Sessions Judge IV at Ponneri and consequently direct the learned Judicial Magistrate-II at Ponneri to accept the surrender of the petitioner.

For Petitioner : Mr.B.S.Manikandan For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the docket order passed by the learned Judicial Magistrate-II, Ponneri in Crl.M.P.S.R.No.3896 of 2023 dated 02.05.2023 in S.C.No.103 of 2016 pending on the file of the Additional District and Sessions Judge-IV, Ponneri and consequently direct the learned Judicial Magistrate-II, Ponneri to accept the surrender of the petitioner.

2. It is seen that the petitioner is an accused in S.C.No.103 of 2016 pending on the file of the Additional District and Sessions Judge-IV, Ponneri. He failed to appear before the trial Court, hence Non Bailable Warrant has been issued against the petitioner and it is pending. At this Juncture, the petitioner has surrendered before the learned Judicial Magistrate-II, Ponneri and his surrender was not accepted by the learned Magistrate for reason that already the petitioner is an accused in S.C.No.103 of 2016 and Non Bailable Warrant was also issued against him and it is pending. Therefore, the learned Magistrate rightly rejected the petition for surrender.

3. This Court finds no infirmity or illegality in the order passed by the trial Court, accordingly, this Criminal Original Petition is dismissed. However, the

petitioner is at liberty to appear before the trial Court and filed a petition under Section 70(2) of Cr.P.C., to recall NBW, issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day. 05.05.2023 Index : Yes/No Internet : Yes Speaking/non speaking order mpa To

1. The Judicial Magistrate-II, Ponneri.

2.The Inspector of Police, M-8 Sathangadu Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN , J.

mpa/rri CRL.O.P. No.10426 of 2023 05.05.2023