Gm Babu v. Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN GM Babu ... Petitioner Vs.

1.The Assistant Commissioner of Police, Podanur Range, Coimbatore City, Coimbatore District.

2.The Proprietor, M/s.Green Crest, 3rd Floor, Emeral Tower (Behind Gem Hospital), 50 feet road, Krishnasamy Nagar, Ramanathapuram, Coimbatore-641 045.

3.Sanjai Kumar, Administrator, M/s.Green Crest, S/o.B.Manikandan, 3rd Floor, Emeral Tower (Behind Gem Hospital), 50 feet road, Krishnasamy Nagar, Ramanathapuram, Coimbatore-641 045.

Page No.1 of 4

4.B.Manikandan, Head of Business, M/s.Green Crest, S/o.Balakrishnan, 3rd Floor, Emeral Tower (Behind Gem Hospital), 50 feet road, Krishnasamy Nagar, Ramanathapuram, Coimbatore-641 045.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent Police to execute bailable warrant issued by the learned Judicial Magistrate, Sathyamangalam on 29.11.2022 in S.T.C.No.52 of 2021 within a time frame fixed by this Court.

For Petitioner :

Mr.S.P.Hari Krishnan For R1 :

Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent Police to execute bailable warrant issued by the learned Judicial Magistrate, Sathyamangalam on 29.11.2022 in a complaint under Section 138 of the Negotiable Instruments Act, 1881 S.T.C.No.52 of 2021. Page No.2 of 4

2.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that the accused was not available at the address mentioned in the warrant; and that therefore they could not execute the warrant.

3.It is admitted by the learned counsel for the petitioner that suspecting that the accused would be residing in Coimbatore, the learned Magistrate had forwarded the warrant to the Commissioner of Police, Coimbatore. However, the warrant is yet to be executed. 4.It is needless to say that the 1st respondent Police shall take all necessary steps to execute the warrant issued by the learned Judicial Magistrate, Sathyamangalam as expeditiously as possible. 5.In view of the above, this Criminal Original Petition is ordered. 08.11.2024 Index:Yes/No vv2 Page No.3 of 4

SUNDER MOHAN, J.

vv2 To 1.The Judicial Magistrate, Sathyamangalam.

2.The Assistant Commissioner of Police, Podanur Range, Coimbatore City, Coimbatore District.

3.The Public Prosecutor, Madras High Court.

08.11.2024 Page No.4 of 4