Madras High CourtCRL OP/21908/2019disposed of

R.Surya v. State Rep. By

2019-08-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Surya

...Petitioner

-VsState rep. by Deputy Superintendent of Police, Elavanasoorkottai, Villupuram District.

Cr.No.354 of 2018.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Special Court for Trial of SC and ST Cases at Villupuram to consider the petition for recalling the Non bailable warrant issued on 07.08.2019 against the petitioner/Accused No.1 in Spl.S.C.No.16 of 2019 on the same day of his surrender. For Petitioner : Mr.B.Abdul Samath For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Trial of SC and ST Cases at Villupuram to consider the petition for recalling the Non bailable warrant issued on 07.08.2019 against

the petitioner/Accused No.1 in Spl.S.C.No.16 of 2019 on the same day of his surrender.

2. The petitioner is arrayed as accused No.1 in Spl.S.C.No.16 of 2019, on the file of the learned Special Court for Trial of SC and ST Cases at Villupuram, for the offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii) and 34 IPC r/w 3(1)(r)(s) and (3)(2)(va) of the SC and the ST (Prevention of Atrocities) Amendment Act, 2015.

3. The petitioner was absent during the trial in Spl.S.C.No.16 of 2019, on the file of the learned Special Court for Trial of SC and ST Cases at Villupuram. Therefore non bailable warrant came to be issued on 07.08.2019.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Special Court for Trial of SC and ST Cases at Villupuram, within a period of two weeks from today and

to file a petition to recall the NBW issued against him. The learned Special Court for Trial of SC and ST Cases at Villupuram is directed to consider the same on merits and pass orders on the same day. The concerned Magistrate is directed to complete the proceedings in Spl.S.C.No.16 of 2019 within a period of three months from the date of receipt of copy of this order.

6. Accordingly, the Criminal Original Petition stands disposed of. 14.08.2019 ub Index : Yes/No Internet : Yes/No To 1.The Deputy Superintendent of Police, Elavanasoorkottai, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

ub 14.08.2019