Madras High CourtCRL OP(MD)/6756/2018disposed of

Prithivirajan v. The Inspector Of Police

2018-04-26Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.6756 of 2018 Prithivirajan ... Petitioner/Sole Accused -vsThe State represented by The Inspector of Police, District Criem Branch, Thanjavur District Crime No.19 of 2007 ... Respondent/Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to recall the Non Bailable Warrant on the same day of his arrest or surrender issued by the learned District Munsif Cum Judicial Magistrate, Orathanadu in C.C.No.103, 104 of 2010 dated 17.04.2018 in Crime No.19 of 2007 on the file of the respondent police on the same day of his surrender. For Petitioner : Mr.A.Kannan For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This petition has been filed to recall the Non Bailable Warrant issued by the learned District Munsif Cum Judicial Magistrate, Orathanadu in C.C.No.103, 104 of 2010.

2. It is submitted by the learned counsel for the petitioner that the petitioner has been regularly appearing before the trial court and he was unable to appear before the court on 09.04.2018 and due to the absence of the petitioner, non bailable warrant was issued against him on the same day by the learned District Munsif Cum Judicial Magistrate, Orathanadu. Hence, this petition has been filed to recall the non bailable warrant issued against him.

3. The learned Additional Public Prosecutor, on instructions, would submit that due to absence of the petitioner for one hearing, non bailable warrant was issued against the petitioner and the petitioner shall approach the Court for recalling the warrant instead of filing this petition before this Court. To support his contention, he relied on the judgment of the Hon'ble https://hcservices.ecourts.gov.in/hcservices/

Supreme Court reported in 2018(1)MLJ(Crl)SC436 in the case of Madan Mohan vs. State of Rajasthan and Others, wherein in paragraph No.16, it has been held as follows: "16.In our considered opinion, the High Court had no jurisdiction to direct the Sessions Judge to "allow" the application for grant of bail. Indeed, once such direction had been issued by the High Court then what was left for the Sessions Judge to decide except to follow the directions of the High Court and grant bail to respondent Nos.2 and 3. In other words, in compliance to the mandatory directions issued by the High Court, the Sessions Judge had no jurisdiction to reject the bail application but to allow it."

4. In the light of the above decision of the Hon'ble Supreme Court and also considering the fact that non bailable warrant was issued against the petitioner for his absence, there shall be a direction, directing the petitioner to surrender before the learned District Munsif Cum Judicial Magistrate, Orathanadu, and to file a petition for recalling the warrant and on receipt of such application, the learned District Munsif Cum Judicial Magistrate, Orathanadu, is directed to consider the same on the same day and pass orders on merits and in accordance with law.

5. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To To 1.The District Munsif Cum Judicial Magistrate, Orathanadu 2.The Inspector of Police,District Crime Branch,Thanjavur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) + 1 cc TO Mr.A.Kannan , Advocate in SR No. 63581 CM AE/KKR/SAR1/16.05.2018/2P/7C CRL.O.P.(MD)No.6756 of 2018 26.04.2018 https://hcservices.ecourts.gov.in/hcservices/