V.Subramaniyan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30469 of 2019 1.V.Subramaniyan 2.S.Prabakaran

...Petitioners

Vs State rep by its, The Inspector of Police, Senthurai Police Station, Ariyalur District.

(Crime No.371 of 2017.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to recall the Non-Bailable Warrant dated 30.10.2019 in Spl.S.C.No.371 of 2019 on the file of learned Special Court deal with SC/St Act cases, Ariyalur and set aside the same and direct the learned Special Court deal with SC/St Act cases, Ariyalur to recall the Non-Bailable Warrant issued against the petitioner on 30.10.2019 in Spl.S.C.No.371 of 2019. For Petitioners: Mr.A.Ethayaselvan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the Special Court deal with SC/ST Act cases, Ariyalur District to recall the Non-Bailable Warrant issued against the petitioners/accused in Spl.S.C.No.371 of 2019.

2. This Court, by an earlier order dated 07.09.2017 passed in Crl.O.P.Nos.13276 of 2017, etc., had considered the scope of recalling a Non-Bailable Warrant issued by the Trial Courts. The relevant portion of the said order reads as follows:- 20.Thus, under Section 82 of Cr.P.C., there can be no impediment on the part of the trial Court to

pronounce him as a proclaimed offender, instead of keeping the matter pending indefinitely for the purpose of having the warrant executed. Hence, the existence of the fourth category of cases cannot be a ground to preclude the High Court to do justice in the first three categories particularly, when they constitute a major portion of the pending cases in the State of Tamil Nadu, in which, Non Bailable Warrants are pending execution.

21.To sum up the findings rendered by me, it is reiterated that the issuance of Bailable Warrant or Non Bailable Warrant should be exercised with extreme caution and in the rarest of cases, bearing in mind that the pendency of Non Bailable Warrant is one of the major factors for the long pendency of cases before the trial Court. The trial Court shall also scrupulously follow the guidelines imposed in Inder Mohan Gowsami's case (supra) as well as the observations made in the present case while issuing Non Bailable Warrants or recalling the Non Bailable Warrants.

3. By following the ratio laid down in the aforesaid order, this Court is of the view that the petitioner's request for recalling the Non-Bailable Warrant can also be considered.

4. Accordingly, the Non-Bailable Warrant dated 30.10.2019 issued against the petitioners in Spl.S.C.No.371 of 2019 on the file of the Special Court deal with SC/ST Act cases, Ariyalur, is hereby recalled.

5. It is made clear that the petitioner shall henceforth cooperate by regularly attending the proceedings before the concerned Court.

6. Accordingly, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sbn/hvk

To

1. The Inspector of Police, Senthurai Police Station, Ariyalur District.

2.The Principal and sessions Judge, Ariyalur 3.The Special Court , SC/St Act cases, Ariyalur 4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Ethayaselvan , Advocate SR.No. 93905 Crl.O.P.No.30469 of 2019 A.SK(18/12/2019)