Madras High CourtCRL OP(MD)/22903/2015disposed of

Haji Abusali v. The Superintendent Of Police

2015-12-03Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.22903 of 2015 Haji Abusali S/o.Abdul Rahman Ambalam 2/457 East Street Periyapattinam Ramanathapuram Ramanathapuram District : Petitioner Vs.

1.The Superintendent of Police Theni District, Theni.

2.The Inspector of Police Keelakudalur Circle Police Station, Uthammapalayam Taluk Theni District : Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent Nos.1 and 2 to execute the warrant issued by the Chief Judicial Magistrate, Ramanathapuram, and secure the custody of the accused, namely, Muniyappan in order made in C.C.No.1 of 2011 dated 28.04.2014.

For Petitioner :Mr.J.Sulthan Basha for M/s.Ajmal Associates For Respondents :Mrs.S.Prabha Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition praying to direct the respondent Nos.1 and 2 to execute the warrant issued by the Chief Judicial Magistrate, Ramanathapuram, and secure the custody of the accused, namely, Muniyappan in order made in C.C.No.1 of 2011 dated 28.04.2014.

2. It is the case of the petitioner that the accused, after obtaining an order dated 07.03.2014 stating that he is entitled to file a petition under Section 70(2) Cr.P.C., to recall the warrant. However, the petitioner did not surrender and filed a petition under Section 70(2) Cr.P.C. and hence, non bailable warrant dated 28.04.2014 was issued by the Magistrate is the contention of the petitioner.

3. The Government Advocate (Crl. Side) would submit that it is true that the accused did not appear and being a police personnel, he ought to have appeared. He would further submit that the said officer https://hcservices.ecourts.gov.in/hcservices/

has now retired and the warrant is yet to be executed and the said officer is residing in Angurpalayam, Keel Gudalur Police limit, Uthammapalayam Taluk, Theni District, after his retirement.

4. In view of the above, the 1st respondent is directed to execute the warrant at the earliest and in case, any application under Section 70

(2) Cr.P.C. is filed to recall the warrant again, the trial Court can decide the same by giving opportunities to the parties to make their submissions and the application to be decided in accordance with law. The Criminal Original Petition stands disposed of with the above direction.

Sd/- Assistant Registrar(Per.Admn) /True copy/ Sub AssistantRegistrar To 1.The Superintendent of Police Theni District, Theni.

2.The Inspector of Police Keelakudalur Circle Police Station, Uthammapalayam Taluk Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Chief Judicial Magistrate, Ramanathapuram sm:JGB-DP:31.12.2015:2p/5C Order made in CRL.OP.(MD)No.22903 of 2015 Dated:- 03.12.2015 https://hcservices.ecourts.gov.in/hcservices/