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Madras High CourtCRL OP(MD)/17032/2017allowed

Mahi Alias Mahin 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.OP.(MD).No.17032 of 2017

1. Mahi @ Mahin

2. Abbas

3. Fathima Beevi . . Petitioners/Accused Nos.1,3 & 4 Vs.

State represented by, The Inspector of Police, Aalwarkuruchi Police Station, Tirunelveli District.

(Crime No.209 of 2009) . . Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Ambasamudram, to consider the warrant recall petition to be filed by the petitioners in a non-bailable warrant issued on 01.09.2016 in C.C.No.88 of 2010 and pass orders on the same day of surrender. For Petitioner : Mr.R.Gandhi For Respondent : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

ORDER

This Criminal Original petition is filed for issuing a direction to the learned Judicial Magistrate, Ambasamudram, to consider the warrant recall petition to be filed by the petitioners against non-bailable warrant issued on 01.09.2016 in C.C.No.88 of 2010 and to pass orders on the same day of surrender.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

3. It is stated that the petitioners are accused Nos.1, 3 and 4 in C.C.No.88 of 2010 on the file of the learned Judicial Magistrate, Ambasamudram.

4. Considering the facts and circumstances of this case and also recording the undertaking that the petitioners would co-operate with the trial, the Criminal Original petition is allowed and the learned Judicial Magistrate, Ambasamudram, is directed to accept the https://hcservices.ecourts.gov.in/hcservices/

surrender of the petitioners and to consider the warrant recall petition to be filed by the petitioners on the same day on merits in C.C.No.88 of 2010.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, Aalwarkuruchi Police Station, Tirunelveli District.

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

+1cc to Mr.R.GANDHI Advocate in SR. No. 92737 PMU JS/SV.MMS/SAR.2/03.01.2018/2P-5C Crl.O.P.(MD).No.17032 of 2017 12.12.2017 https://hcservices.ecourts.gov.in/hcservices/