Madras High CourtCRL OP(MD)/4739/2020allowed

Gladson Joe v. The Inspector Of Police

2020-03-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4739 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4739 of 2020 Gladson Joe ..Petitioner/Accused No.4 Vs.

The State Rep. by its Inspector of Police, Puthukadai Police Station, Kanyakumari District.

Crime No.256 of 2018.

..Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to issue a direction to the Judicial Magistrate No.1, Kuzhithurai to dispose the petition filed under Section 70(2) of Cr.P.C. on the same day to recall the non bailable warrant issued against the petitioner in C.C.No.35 of 2020 on the file of the Judicial Magistrate No.2, Kuzhithurai.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is facing trial in C.C.No.35 of 2020 on the file of the Judicial Magistrate No.2, Kuzhithurai. 2.It is seen that non bailable warrant has been issued against the petitioner on 22.02.2020. The petitioner is ready to surrender before the Court below on the next hearing date and apply for recall of warrant. All that the petitioner wants is the disposal of his recall petition on the same day of surrender.

3.The learned trial Magistrate is directed to dispose of the petition under Section 70(2) of Cr.P.C., on the same day of surrender. This petition is allowed on https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.4739 of 2020 these terms. Since the petitioner has given an undertaking that he will appear before the Court below on the next hearing date, non bailable warrant issued against the petitioner will be kept in abeyance till then. Sd/- Assistant Registrar (AS) //True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.2, Kuzhithurai.

2.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

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

+1cc to Mr.S.Sivakumar, Advocate SR.No.12016 AKM/22.05.2020 /2P-5C/ Crl.O.P(MD)No.4739 of 2020 17.03.2020 https://hcservices.ecourts.gov.in/hcservices/