Madras High CourtCRL OP(MD)/5737/2018allowed

Murugesan v. The Sub Inspector Of Police

2018-04-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD) Nos.5737 of 2018 Murugesan .. Petitioner -VsThe State rep. by its The Sub Inspector of Police, Aravayal Police Station, Sivagangai District.

Crime No. 228 of 2015 .. Respondent Prayer: Criminal Original petition is filed under Section 482 Cr.P.C., for issuing a direction to the learned Judicial Magistrate to accept the recall petition of the petitioner for recalling the Non Bailable Warrant against the petitioner in C.C.No. 13 of 2016 on the file of the learned Judicial Magistrate, Devakottai in Crime No.228 of 2015 on the file of the respondent police. For Petitioner : Mr. J. Anandkumar For Respondent : Mr. Prabhu Ramachandran Government Advocate (Crl. Side) ***

O R D E R

The petitioner is facing trial in C.C.No. 13 of 2016 on the file of the learned Judicial Magistrate, Devakottai. Due to non appearance of the petitioner, Non Bailable warrant issued against him on 21.06.2016.

2. The learned counsel appearing for the petitioner undertakes that the petitioner shall regularly appear before the Trial Court on all future hearing dates. If the petitioner is not able to comply with the condition, he would file a petition under Section 317 Cr.P.C. If this condition is contravened, this order shall stand cancelled.

3. Recording the above undertaking given by the learned counsel appearing for the petitioner, the petitioner is directed to appear before the Trial Court on the next hearing date and shall file a petition for recalling the Non Bailable Warrant issued against him, dated 21.06.2016, and on filing such petition, the learned Trial Magistrate, is directed to recall the Non Bailable https://hcservices.ecourts.gov.in/hcservices/

Warrant on the same day.

4. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Devakottai

2. The Sub Inspector of Police, Aravayal Police Station, Sivagangai District.

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

+1CC to Mr.J.Anandkumar, Advocate, SR.No. 61311 Crl.O.P.(MD) Nos.5737 of 2018 13.04.2018 trp AM/SV MMS/SAR 3/19.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/