Madras High CourtCRL OP(MD)/5735/2022disposed of

Vijayalakshmi v. Suresh @ Sirappalli

2024-02-02Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Vijayalakshmi 2.Minor Yogeshwaran (Rep. by his guardian and mother Vijalakshmi) ... Petitioners Vs.

1.Suresh @ Sirappalli 2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

... Respondents [2nd respondent is impleaded vide order dated 02.02.2024 in Crl.M.P.(MD)No.4857 of 2022] PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the Inspector of Police, Kulithalai to execute the bailable warrant issued in C.M.P.No.1799 of 2020 on the file of the learned Judicial Magistrate No.II, Kulithalai. For Petitioners : Mr.Vasik Ali for Mr.RM.Sivakumar For R2 : Mr.S.Manikandan Government Advocate (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the second respondent to execute the bailable warrant issued in C.M.P.No.1799 of 2020 on the file of the learned Judicial Magistrate No.II, Kulithalai. 2.The petitioners are the wife and children of the first respondent. They filed a petition under Section 125 of Cr.P.C. before the learned Judicial Magistrate No.II, Kulithalai in M.C.No.7 of 2015 and the same was ordered on 30.08.2019 and the learned Magistrate directed the first respondent to pay Rs.5,000/- to the first petitioner and Rs.3,000/- to the second respondent as monthly maintenance and the said amount was not paid and the first respondent continuously evade the trial proceedings. Thereby, the learned Judicial Magistrate No.II, issued a bailable warrant against the first respondent in C.M.P.No.1799 of 2020 and till date, the said bailable warrant was not executed and hence, the present petition is filed.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the second respondent. 2/4

4.The learned counsel for the petitioners would submit that this Court may issue a direction to the second respondent to execute the bailable warrant issued by the trial Court.

5.In view of the above, the second respondent is directed to execute the bailable warrant issued by the trial Court against the first respondent, within a period of two weeks from the date of receipt of a copy of this order, if not already executed.

6.With the above direction, the Criminal Original Petition is disposed of. Index : Yes/No 02.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

2.The Judicial Magistrate No.II, Kulithalai.

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

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M.DHANDAPANI, J.

Sji 02.02.2024 4/4