Madras High CourtCRL OP(MD)/24520/2015disposed of

Periyasamy v. The Deputy Superintendent

2015-12-19Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.24520 of 2015 1.Periyasamy 2.Kamaraj : Petitioners Vs.

1.The Deputy Superintendent of Police, Pudukkottai.

2.State rep.by The Inspector of Police, Aathanakottai Police Station, Pudukkottai District (Crime No.114/2010) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the Learned Principal District and Sessions Judge (PCR Court), Pudukkottai to consider the recall warrant application on the same day if surrender in relating to S.C.No.78 of 2015 on the file of the Learned Principal District & Sessions Judge (PCR Court), Pudukkottai. For Petitioners : Mr.D.Rameshkumar For Respondents: Mr.A.P.Balasubramani Government Advocate (CrI.Side).

O R D E R

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b) and 323 of IPC., r/w Section 3(1)(x) of SC/ST Act., in Crime No.114 of 2010, on the file of the respondent police, moved this petition seeking a direction to the Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider the application of the petitioner and recall of non-bailable warrant on the same day on merits.

2.The counsel appearing for the petitioner submitted that a nonbailable warrant is pending against the petitioner and now, he is ready and willing to surrender and file a recall warrant petition before the Principal District and Sessions Judge (PCR Court), Pudukkottai and the same may be ordered to be considered on the same day. 3.Heard the submissions and perused the records. https://hcservices.ecourts.gov.in/hcservices/ 4.The Government Advocate (Criminal side) opposed the relief sought for by the petitioner.

5.Though the offences complained of are grave in nature, considering the facts and circumstances, the Principal District and Sessions Judge (PCR Court), Pudukkottai is expected to consider the recall warrant application, if any filed by the petitioner, on merits and in accordance with law.

6.Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar.

/True Copy/ Sub Assistant Registrar.

To 1.The Principal District and Sessions Judge (PCR Court), Pudukkottai 2.The Deputy Superintendent of Police, Pudukkottai.

3.The Inspector of Police, Aathanakottai Police Station, Pudukkottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.D.Ramesh Kumar, Advocate, SR.No. 75620 ORDER MADE IN Crl.O.P(MD)No.24520 of 2015 19.12.2015 AM/04.01.2016/GSV.AN/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/