Madras High CourtCRL OP/29538/2017closed

Eswaran v. The Commissioner Of Police

2018-03-13Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.OP No.29538 of 2017 Eswaran ..Petitioner Vs.

1.The Commissioner of the Police O/commissioner of Police, Veppery, Chennai.

2.The Inspector of Police, V-5 Thirumangalam Police Station, Chennai 101.

3.The Inspector of Police T-1 Police Station, Ambattur, Chennai 53.

4.S.Krishnan ..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C.,to direct the respondents 1, 2 and 3 to execute the NonBailable warrant against fourth respondent issued by the learned Judicial Magistrate Court No.VII, Coimbatore in C.C.No.180 of 2003 dated 29.08.2003.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.Mohammed Riyaz for : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

ORDER

The prayer in the present petition is to direct the respondents 1, 2 and 3 to execute the Non-Bailable warrant against the fourth respondent issued by the learned Judicial Magistrate Court No.VII, Coimbatore in C.C.No.180 of 2003 dated 29.08.2003.

2. Today, when the matter is taken up, the learned Government Advocate (Crl.Side), on instructions submitted that the accused has been identified by the Ambattur Police Station and further submitted that, if specific orders are passed by this Court, the person will be secured and produced before the concerned Court.

3. In pursuance to the Non-Bailable warrant issued, it is now brought to the notice of this Court by the learned counsel for the petitioner that the accused has been declared as a "proclaimed offender" on 25.09.2014 in connection with the proceedings in C.C.No.180 of 2003 dated 29.08.2003 passed by the learned Judicial Magistrate Court No.VII, Coimbatore.

4. In view of Section 41(c) of the Cr.P.C., any Police Officer is empowered to arrest the person who has been declared as a "proclaimed offender", without a warrant being issued by the learned Magistrate. In view of this position of law, the Inspector of Police, Ambattur Police Station is directed to secure the accused namely S.Krishnan, and produce him before the learned Judicial Magistrate Court No.VII, Coimbatore, in connection with C.C.No.180 of 2003. Such an exercise shall be made as expeditiously as possible.

5. Accordingly, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dna To 1.The Judicial Magistrate No.VII, Coimbatore. 2.The Commissioner of the Police O/commissioner of Police, Veppery, Chennai.

3.The Inspector of Police, V-5 Thirumangalam Police Station, Chennai 101.

4.The Inspector of Police T-1 Police Station, Ambattur, Chennai 53.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Muthamizhselvakumar Advocate, S.R.No.18935 Crl.OP No.29538 of 2017 PA(CO) RRK(13/03/2018)