Paramasivan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.07.2022

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Paramasivan ... Petitioner

Versus

State rep by The Inspector of Police, Central Police Station, West Shanmugapuram, Tuticorin 628 001. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Hon'ble V Additional Family Judge at Chennai to entertain the petition to recall the Non Bailable Warrant dated 01.12.2021, surrender and consider on the same day to recall the non bailable warrant dated 01.12.2021. For Petitioner :

Mr.C.Raghavan For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

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O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned V Additional Family Judge at Chennai to entertain the petition to recall the Non Bailable Warrant dated 01.12.2021.

2. The contention of the learned counsel for the petitioner is that the petitioner was unaware of the fact that his wife had filed a maintenance case against him. Due to some reasons, he was unable to receive summons issued by the learned Judge, which resulted in issuing non bailable warrant. He would further submit that he is ready to deposit a sum of Rs.1,00,000/- to the credit of learned V Additional Family Judge at Chennai. Hence, he prays to recall the Non Bailable Warrant issued against him.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. Page No.2 of 4

4. At any event, considering the fact that the non bailable warrant was issued on 01.12.2021, the petitioner is directed to appear and surrender before the learned V Additional Family Judge at Chennai and deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of learned V Additional Family Judge at Chennai within a period of two weeks from the date of receipt of a copy of this order and file the petition for recall of non bailable warrant. On such application, the learned V Additional Family Judge at Chennai shall decide the same on merits on the same day subject to the deposit of Rs.1,00,000/-.

5. With the above direction, this Criminal Original Petition stands disposed of.

06.07.2022 Index: Yes/No Internet: Yes/No shk/nr Page No.3 of 4

N. SATHISH KUMAR, J.

shk/nr To 1.The learned V Additional Family Judge, Chennai 2.The Inspector of Police, Central Police Station, West Shanmugapuram, Tuticorin 628 001.

3. The Public prosecutor High Court, Madras.

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