Madras High CourtCRL OP(MD)/13931/2016disposed of

Fr.B.Russel Raj, v. The Food Inspector,

2016-08-08Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.13931 of 2016 1.B.Russelraj 2.Nanjil Milk Plant Through its Executive Director B.Russel Raj Mulagumoodu Kanyakumari District .. Petitioners / Accused No.3&4 Vs.

The Food Inspector, Sucheendaram Town Panchayat, Kanyakumari District .. Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned Judicial Magistrate NO.3 Nagercoil to consider the Petitioner's Petition filed under Section 70(2) to recall the non bailable warrant issued in CC No. 162 of 2009 dated 01.08.2016 on the same date. For Petitioner : Mr.K.Samidurai For 1st Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the Judicial Magistrate NO.3 Nagercoil to consider the Petitioner's Petition filed under Section 70(2) to recall the non bailable warrant issued in CC No. 162 of 2009 dated 01.08.2016 on the same date. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent. 3.The petitioner is stated to be the Director of Anbu Illam, which is a Public Charitable Trust, giving protection for orphans and persons, who are living below the poverty line. It is stated that because of the non appearance of the petitioners, on 01.08.2016, due to unavoidable circumstances, the Court below has chosen to issue non bailable warrant. It is also represented that there may be a direction to the Judicial Magistrate to recall the https://hcservices.ecourts.gov.in/hcservices/

warrant on the day of appearance itself.

4. Under the stated circumstances, the Judicial Magistrate No.3 Nagercoil is directed to consider the application to be filed by the petitioner under Section 70(2) Cr.P.C. to recall the warrant on the same day and pass orders. 5.With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate NO.3 Nagercoil 2.The Inspector of Police, Sucheendaram Town Police Station, Kanyakumari District 3.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SAMIDURAI, Advocate, SR No.42672 Crl.O.P(MD)No.13931 of 2016 08.08.2016 RR SH/KBM/SAR-CO:10.08.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/