Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.10145 of 2015 1.Ilayaraja 2.Arumugam 3.Marikannu 4.Mani @ Palanivel ... Petitioners/Accused NO.1 to 4 Vs.

State rep by The Inspector of Police, All Women Police Station, Keeranoor, Pudukkottai District.

(Crime No.7 of 2013) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge, Mahila Court, Pudukkottai to consider the recall warrant application in Spl.S.C.No.4 of 2014 on the file of Spl. Judge, Mahila Court, Pudukkottai on the same day of surrender of petitioners/accused No.1 to 4.

For Petitioners : Mr.P.Muthusamy For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

This petition has been filed for a direction to the learned Special Judge, Mahila Court, Pudukkottai to consider the recall warrant application in Spl.S.C.No.4 of 2014 on the file of Spl. Judge, Mahila Court, Pudukkottai on the same day of surrender of petitioners/accused No.1 to 4.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondents.

3.The learned counsel for the petitioners submitted that since the petitioners had not appeared before the Court on 07.05.2015, non bailable warrant was issued against them. He further submitted that the third petitioner's mother died and the petitioners were attend the funeral function, so they are not able to attend the Court on 07.05.2015.

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

4.The learned Government Advocate (Crl.side) on instruction would submit that the petitioners are not co-operating with the conduct of the trial.

5.Considering the submissions made by the learned Government Advocate (crl.side), this Court is inclined to give one more opportunity to the petitioners. Hence, this criminal original petition stands allowed and the petitioners are directed to file a recall petition before the learned Special Judge, Mahila Court, Pudukkottai and the learned Judge is directed to consider the recall petition filed by the petitioner on the same day on merits. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar Ns To 1.The Special Judge, Mahila Court, Pudukkottai 2.The Inspector of Police, All Women Police Station, Keeranoor, Pudukkottai District.

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

+1cc to MR.P.MUITHUSAMY,ADVOCATE IN SR NO.29415 Crl.O.P.(MD)No.10145 of 2015 09.06.2015 RG.24.06.2015 2P/5C.

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