Madras High CourtCRL OP(MD)/5172/2015ordered

Thirupathi v. The Inspector Of Police

2015-03-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.5172 OF 2015 THIRUPATHI ...PETITIONER/SOLE ACCUSED Vs.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION KAMUDHI RAMANATHAPURAM DISTRICT (CRIME NO.3 OF 2013) ...RESPONDENT/COMPLAIANT PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the District Mahila Court Ramanathapuram to accept the surrender of the petitioner and consider the recall petition filed U/s. 70(2) of Cr.P.C on the date of surrender itself in connection with S.C. No129 of 2014 on the file of the District Mahila Court Ramanathapuram. For Petitioner :

Mr.K.Seemaraj For Respondent :

Mr.K.V.Rajarajan Government Advocate,(Crl. Side) ******

O R D E R

The petitioner seeks for a direction to the District Mahila Court Ramanathapuram to accept the surrender of the petitioner and consider the recall petition filed U/s. 70(2) of Cr.P.C on the date of surrender itself in connection with S.C. No129 of 2014 on the file of the District Mahila Court Ramanathapuram.

2.The petitioner is accused for offences punishable under Sections 417 and 376 IPC.

3.The learned counsel for the petitioner submits that non-bailable warrant has been issued against the petitioner since he had not appeared before the lower Court.

4.Considering the submissions made, this Court feels that this is a fit case for recall of the non-bailable warrant issued by the lower Court and accordingly, the petitioner is directed to appear in person to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the learned Judge and in the event of filing such an application, the District Mahila Court, Ramanathapuram, is directed to consider the same and pass orders on merits on the same day and in accordance with law. With the above direction, the petition is disposed of.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.THE DISTRICT MAHILA JUDGE, THE DISTRICT MAHILA COURT, RAMANATHAPURAM.

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2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUDHI, RAMANATHAPURAM DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1CC to M/s.K.Seemaraj, Advocate in SR.14472 CRL.O.P.No.5172 of 2015 23.03.2015 ses PBK 01/04/2015 ::2P-5C:

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