M.Gokulan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2015

CORAM:

THE HON'BLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.Nos.4498 to 4502 of 2015 M.Gokulan ... Petitioner in Crl.O.P.4498/2015 in all (Accused) Vs.

1.The State rep. by Inspector of Police, Tiruppathur Town Police Station, Tiruppathur, Vellore District.

... Respondent in all Crl.O.Ps (Complainant) 2.E.M.Suthakar ... Respondent in Crl.O.P.4498/2015 2.K.Jothiswaran ... Respondent in Crl.O.P.4499/2015 2.M.Mohan ... Respondent in Crl.O.P.4500/2015 2.C.Sekaran ... Respondent in Crl.O.P.4501/2015 2.K.Jothiswaran ... Respondent in Crl.O.P.4502/2015 Common Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Judicial Magistrate No.I, Tiruppathur to recall the non bailable warrant issued against the petitioner without insisting of his presence in C.C.No.144 of 2008, S.T.C.No.330 of 2013, S.T.C.No.285 of 2013, C.C.No.12 of 2013 and S.T.C.No.329 of 2013 respectively.

For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.M.Maharaja for R1 Additional Public Prosecutor COMMON ORDER These petitions are filed praying to direct the learned Judicial Magistrate No.I, Tiruppathur to recall the non bailable warrant issued against the petitioner without insisting of his presence in C.C.No.144 of 2008, S.T.C.No.330 of 2013, S.T.C.No.285 of 2013, C.C.No.12 of 2013 and S.T.C.No.329 of 2013 respectively. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

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3.It is submitted by the learned counsel for the petitioner that the petitioner is accused in C.C.No.144 of 2008, S.T.C.No.330 of 2013, S.T.C.No.285 of 2013, C.C.No.12 of 2013 and S.T.C.No.329 of 2013 respectively and non-bailable warrant was issued for the appearance of the petitioner. Hence, these petitions are filed seeking to recall the warrant.

4.Considering the submissions made, this Court feels that these are fit cases to recall the non-bailable warrant issued by the lower Court and accordingly, the petitioner is directed to file petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the learned Judicial Magistrate No.I, Tiruppathur and in the event of filing such application, the aforesaid learned Magistrate is directed to consider the application filed by the petitioner to recall the Non Bailable Warrant issued against the petitioner without insisting the presence of the petitioner in the above cases and pass orders on merits on the same day and in accordance with law. 5.With the above observation, these criminal original petitions are disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To

1. The Judicial Magistrate No.I, Thiruppathur.

2. - do - Through The Chief Judicial Magistrate, Vellore.

3. The Inspector of Police, Tiruppathur Town Police Station, Tiruppathur, Vellore District.

4. The Public Prosecutor High Court, Madras.

+5cc's to Mr.R.VijayaKumar, Advocate, S.R.No.14639 to 14643 RV(CO) Crl.O.P.Nos.4498 to 4502 of 2015 CA(19/03/2015) https://hcservices.ecourts.gov.in/hcservices/