Madras High CourtCRL OP/26617/2018disposed of

Kumar v. State By

2018-11-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.26617 of 2018 1.Kumar 2.Boopalan

...Petitioners

-VsState rep by The Inspector of Police, Tholasmpatti Police Station, Salem District.

(Crime No.36 of 2016) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Principal Sessions Judge, Salem, to consider the recall the warrant petition on merits on the surrender of the petitioner/accused in connection with S.C.No.278 of 2016 pending on the file of the Principal Sessions Judge, Salem.

For Petitioners:M/s.Karan and Uday For Respondent :Mr.C.Raghavan Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge, Salem, to consider the recall the warrant petition on merits on the surrender of the petitioner/accused in connection with S.C.No.278 of 2016 pending on the file of the Principal Sessions Judge, Salem.

2. The petitioner is arrayed as accused in S.C.No.278 of 2016, on the file of the Principal Sessions Judge, Salem, for the offence under Sections 147, 148, 427, 506(ii) of IPC and Section 3(1) (x) of SC and SC (POA) Act.

3. The petitioner was absent during the trial in S.C.No.278 of 2016, on the file of the Principal Sessions Judge, Salem . Therefore non bailable warrant came to be issued on 26.10.2018.

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. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the Principal Sessions Judge, Salem, within a period of two weeks from today and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssr To 1.The Principal Sessions Judge, Salem.

2.The Inspector of Police, Tholasmpatti Police Station, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to M/s.Karan and Uday, Advocate, S.R.No.78511 Crl.O.P.No.26617 of 2018 MP(CO) rrs 12/12/2018 https://hcservices.ecourts.gov.in/hcservices/