Madras High CourtCRL OP(MD)/13070/2017ordered

A. Sivasubramanian @ Subash v. The Assistant Commissioner Of

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM

THE HON'BLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No.13070 of 2017 A.Sivasubramanian @ Subash Pannaiyar ... Petitioner -Vs1.State represented by, The Assistant Commissioner of Police, Palayamkottai (L & O), Tirunelveli City.

2.The Inspector of Police, Law and Order, Palayamkottai (L & O), Tirunelveli City.

(Crime No.196 of 2017) ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to set aside the non-bailable warrant dated 18.05.2017 issued against the petitioner by the learned Judicial Magistrate No.I, Tirunelveli in Cr.M.P.No.2757 of 2017 now the case is pending in S.C.No.93 of 2017 on the file of the II Additional Sessions Judge, Tirunelveli. For Petitioner :

Mr.S.Balaji For Respondents :

Mr.K.Anbarasan, Government Advocate (Crl.side)

O R D E R

This Criminal Original petition has been filed seeking to set aside the non-bailable warrant dated 18.05.2017 issued, against the petitioner by the learned Judicial Magistrate No.I, Tirunelveli in Cr.M.P.No.2757 of 2017, which case is now pending in S.C.No.93 of 2017 on the file of the II Additional Sessions Judge, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

3.This petition seeking to set aside the non-bailable warrant is not maintainable. Any how, in order to give an opportunity to the petitioner to participate in the trial, this Court is inclined to recall the warrant dated 18.05.2017.

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4.Accordingly, the non-bailable warrant dated 18.05.2017 issued against the petitioner by the learned Judicial Magistrate No.I, Tirunelveli in Cr.M.P.No.2757 of 2017, which case is now pending in S.C.No.93 of 2017 on the file of the II Additional Sessions Judge, Tirunelveli is recalled. The petitioner is directed to appear before the II Additional Session Judge, Tirunelveli in connection with S.C.No.93 of 2017 within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, the Criminal Original petition is disposed of. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The II Additional Sessions Judge, Tirunelveli.

2.The Judicial Magistrate No.I, Tirunelveli.

3.The Assistant Commissioner of Police, Palayamkottai (L & O), Tirunelveli City.

4.The Inspector of Police, Law and Order, Palayamkottai (L & O), Tirunelveli City.

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

+1cc to M/S.S.Balaji, Advocate SR.No. 81271 Crl.O.P.(MD) No.13070 of 2017 27.09.2017 sj JM/SKN RSK/SAR 1/28.09.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/