Madras High CourtCRL OP(MD)/14071/2017disposed of

S.Augustus, v. The Inspector Of Police,

2017-12-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14071 of 2017 S.Augustus : Petitioner -VsState rep. by The Inspector of Police, B-1, Vilakkuthoon (L & O) Police Station, Madurai.

(Crime No.1198 of 1999) : Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code to direct the learned Judicial Magistrate No.I, Madurai to consider the recall warrant petition filed under Section 70(2) of Cr.P.C and to recall the non-bailable arrest warrant in C.C.No.361 of 1999 dated 22.08.2017 on the file of the learned Judicial Magistrate No.I, Madurai against the petitioner / accused no.1 on the same day.

For Petitioner : Mr.M. Jegadeesha Pandian For Respondent : Mr.K.S. Duraipandian Additional Public Prosecutor ***

O R D E R

This petition is filed for issuing a direction to the learned Judicial Magistrate No.I, Madurai to consider the recall warrant petition filed under Section 70(2) of Cr.P.C and to recall the non-bailable arrest warrant in C.C.No.361 of 1999, dated 22.08.2017, on the file of the learned Judicial Magistrate No.I, Madurai, on the same day.

2. The learned counsel appearing for the petitioner states that the petitioner undertakes to co-operate for trial and he is also prepared to surrender before the concerned Magistrate.

3. Heard the learned Additional Public Prosecutor appearing for the respondent.

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4. Considering the facts and circumstances of the case, this Court is inclined to allow this petition. Accordingly, the Criminal Original Petition is allowed and the learned Judicial Magistrate No.I, Madurai, is directed to consider the recall warrant petition and to recall the non-bailable warrant, dated 22.09.2017 on the same day, on which the petitioner surrender subject to reasonable condition if any as per law. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, B-1, Vilakkuthoon (L & O) Police Station, Madurai.

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

+1cc to Mr.M. Jegadeesha Pandian, Advocate Sr.No.92363 TRP VB/JC/SAR1/22/12/2017/2P/5C CRL.O.P.(MD)No.14071 of 2017 12.12.2017 https://hcservices.ecourts.gov.in/hcservices/