Madras High CourtCRL OP/18518/2019disposed of

P.A.P.Rathinam v. S.Jayaprathaban

2019-07-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18518 of 2019 and Crl.M.P No.9379 of 2019 P.A.P.Rathinam Petitioner/Accused vs.

S.Jayaprathaban Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the learned Judicial Magistrate, Tirutani (By I/C learned Judicial Magistrate-II, Thiruvallur) in Crl.M.P.No.2245 of 2019 in STC No.316 of 2016 by an order dated 06.07.2019. For Petitioner : Mr.S.Suresh

ORDER

This petition has been filed challenging the order passed by the Court below directing the petitioner to deposit a sum of Rs.50,000/- as a condition for recalling the nonbailable warrant issued against the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner was regularly appearing before the Court below and he did not appear on 10.05.2019 due to ailments. The counsel also did not unfortunately appear on that day and therefore the petitioner was called absent and a non-bailable warrant was issued against the petitioner. Therefore, the petitioner filed a petition to recall the non-bailable warrant and the Court below while recalling the non-bailable warrant had imposed an onerous condition to the effect that the petitioner should pay a sum of Rs.50,000/- to the complainant on or before 12.07.2019.

3. The learned counsel for the petitioner submitted that the petitioner will co-operate for the early disposal of the complaint and will appear before the Court below during all the hearing dates.

4. Taking into consideration the facts and circumstances of the case, this Court is of the considered view that the Court below ought not to have imposed such an onerous condition against the petitioner while recalling the nonbailable warrant. The condition imposed by the Court below is hereby set aside.

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5. This Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate, Thiruthani to dispose of STC No.316 of 2016, within a period of three months from the date of receipt of copy of this Order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To 1.The learned Judicial Magistrate, Tirutani By I/C learned Judicial Magistrate-II, Thiruvallur. +1cc to Mr.S.Suresh , Advocate SR.No. 62113 Crl.O.P No.18518 of 2019 and Crl.M.P No.9379 of 2019 rsi (CO) A.SK(22/08/2019) 18.07.2019 https://hcservices.ecourts.gov.in/hcservices/