Madras High CourtCRL OP(MD)/23810/2015disposed of

N.Muthupandi, v. The Inspector Of Police,

2015-12-15Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)Nos.23810 to 23812 of 2015 N.Muthupandi S/o.Nellaiappa Thevar South Silukkanpatti Village Ayyanar Colony, Pudukottai Tuticorin District : Petitioner /Accused No.2 in all the petitions Vs.

State through the Inspector of Police Eppodhum Vendran Police Station, Thoothukudi District in Crime Nos.18, 21/2006 :1st Respondent / Complainant in Crl.O.P.Nos.23810 & 23811/15 State through the Inspector of Police Maasarpatti Police Station, Thoothukudi District (Cr.No.11/06) : Respondent / Complainant Common Prayer: Criminal Original Petitions are filed under Section 482 of Cr.P.C., praying to direct the learned District & Sessions Judge, Tuticorin, to accept the surrender of the petitioner and to consider the warrant recall petition on the same day in connection with C.C.Nos.21, 22 and 26 of 2008.

For Petitioner : Mr.Niranjan S Kumar For Respondent : Mr.A.P.Balasubramani Government Advocate(Crl. Side) ********* COMMON ORDER The petitioner has come forward with these petitions seeking for a direction, directing the District & Sessions Judge, Tuticorin, to accept the surrender of the petitioner and to consider the warrant recall petition on the same day in connection with C.C.Nos.21, 22 and 26 of 2008. 2.The Government Advocate submitted that the address given by the petitioner is not permanent one. The said statement is recorded.

3. Heard both sides and perused the records.

4. Considering the facts and circumstances of the case and considering the fact that Warrant is pending against the petitioner, this Court is constrained to direct the petitioner to appear in person to file https://hcservices.ecourts.gov.in/hcservices/

a petition under Section 70(ii) of Cr.P.C. for recalling the warrant before the concerned Court and in the event of filing such an application/if already filed, the District & Sessions Judge, Tuticorin is directed to consider the same and pass orders on merits and in accordance with law. While accepting his surrender, the District & Sessions Judge, Tuticorin, shall take into account the statement made by the Government Advocate hereinabove.

These criminal original petitions are disposed of with the above direction.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The District and Sessions Judge, Tuticorin.

2.The Inspector of Police Eppodhum Vendran Police Station, Thoothukudi District 3.The Inspector of Police, Maasarpatti Police Station, Tuticorin 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to Mr.Niranjan, Advocate, SR No.71684 & 71685 Order made in CRL.OP.(MD)Nos.23810 to 23812 of 2015 Dated:-15.12.2015 RR SH/JGB-DP:05.01.2016:2P/7C https://hcservices.ecourts.gov.in/hcservices/