Sethumani Mathavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Sethumani Mathavan ... Petitioner/ Accused No.2 Vs.

State, represented by the The Inspector of Police, Thanjavur West Police Station, Thanjavur.

HRC No.2 of 2017)

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the learned District and Sessions Court, Thanjavur, to recall the non bailable warrant issued against the petitioner in HRC No.2 of 2017 on 21.12.2022, without petitioner's physical appearance.

For Petitioner : Mr.M.Palani For Respondent : Mr.S.Manikandan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned District and Sessions Court, Thanjavur, to recall the non bailable warrant issued against the petitioner in HRC No.2 of 2017 on 21.12.2022, without petitioner's physical appearance.

2. The learned counsel appearing for the petitioner would submit that Non bailable warrant issued against the petitioner by the learned Principal Sessions Court, Thanjavur, without petitioner's physical appearance on 21.12.2022 in HRC No.2 of 2017. The petitioner is presently promoted as Deputy Superintendent of Police. The petitioner could not appear before the concerned Court on 21.12.2022 because of he got promotion and attend the training session at Chennai.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the pre-promotional training to Inspectors of Police, conducted from 23.11.2022 to 20.12.2022 at Chennai.

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4. Recording the submissions made on either sides, since prepromotional trianing to Inspectors of Police was conducted from 23.11.2022 to 20.12.2022 at Chennai, the petitioner could not appear before the concerned Court on the date of hearing.

5. Since it appears that the petitioner is working as Police Officer, his personal appearance can be dispensed before the concerned Court. The petitioner is directed to appear before the concerned Court and get the warrant recalled by setting out the facts and circumstance of this case.

6. With the above direction, this Criminal Original Petition stands disposed of.

09.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Inspector of Police, Thanjavur West Police Station, Thanjavur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 09.03.2023 4/4