Madras High CourtCRL OP/16733/2023disposed of

K.Selva Ganapthy v. The State Rep By Its,

2023-07-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH K.Selva Ganapathy .. Petitioner

Versus

1. The State Rep. by Inspector of Police, T-11, Thiruninravur Police Station, Thiruninravur.

2. V.Srinath .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to execute the bailable warrant issued on 27.03.2023 in S.T.C.No.13 of 2023 on the file of the learned Judicial Magistrate No.II, Chengalpet against the 2nd respondent. For Petitioner : Mr.Shanmugam For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/4

ORDER

This petition has been filed for a direction to the respondent Police to execute the bailable warrant issued against the second respondent on 27.03.2023 in S.T.C.No.13 of 2023 pending on the file of the learned Judicial Magistrate No.II, Chengalpet.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the respondent Police acted upon the bailable warrant issued by the learned Judicial Magistrate No.II, Chengalpet and the second respondent had assured that he will be present during the next date of hearing on 22.08.2023.

3. When the matter is taken up for hearing on 22.08.2023 by the learned Judicial Magistrate No.II, Chengelpet, if the second respondent is not present before the Court, the first respondent shall file a report before the Court below stating that the bailable warrant was executed and that the second respondent assured that he will be present at the time of hearing. The Court below shall take that into account and shall issue a non-bailable 2/4

warrant against the second respondent in the event the second respondent fails to appear before the Court.

4. This criminal Original Petition is disposed off with the above direction.

26.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate No.II, Chengalpet.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, T-11, Thiruninravur Police Station, Thiruninravur.

3/4

N.ANAND VENKATESH, J.

grs 26.07.2023 4/4