Madras High CourtCRL OP/15741/2018disposed of

Rajmohan, Aged 45 Years, v. The Deputy Superintendent Of

2018-06-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15741 of 2018 Rajmohan .. Petitioner Vs 1.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

2.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioner concerned in Special S.C.No.8 of 2018 on the file of Principal District and Sessions Judge/Special Judge, Ariyalur on surrender on the same day.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Raghavan, Govt. Advocate

O R D E R

This petition has been filed to direct the Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioner in Special S.C.No.8 of 2018 on the file of the Principal District and Sessions Court, Ariyalur on surrender on the same day.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 3.When the matter was taken up for hearing, Mr.Prabakaran, learned counsel for the petitioner submitted that the petitioner was not able to appear before the trial Court on 28.04.2018, on account of which, non bailable warrant has been issued against him. He further submitted that the petitioner had fallen ill and that apart, he was not able to communicate to his counsel for filing an application under Section 317 Cr.P.C. Learned counsel also submitted that there was no witness present on 28.04.2018.

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4.Accepting the submission, the petitioner is directed to surrender before the trial Court within two weeks from the date of receipt of a copy of this order and file a necessary application before the trial Court for recall of warrant. The trial Court is directed to deal with the same, in the light of the law laid down by this Court in the case of Pillappan @ Ravikumar Vs State rep. by Inspector of Police, West Police Station, Kumbakonam, Thanjavur District reported in 2018[2] MLJ [CRL] 502.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.Principal District and Sessions Court, Ariyalur.

2.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

4.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, advocate sr.no.38518 CRL.O.P.No.15741 2018 kan(co) nr 20/06/2018 https://hcservices.ecourts.gov.in/hcservices/