Madras High CourtCRL OP(MD)/17560/2017disposed of

Rajamanickam @ Raja @ v. The Inspector Of Police

2018-04-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.OP.(MD)No.17560 of 2017 Rajamanickam @ Raja @ Cutting Raja ...Petitioner/Accused Vs.

The State represented by The Inspector of Police, Cantonment Police Station (Crime) Trichy City.

(Crime No.447 of 2008) ... Respondent/Complainant Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Learned Principal Sub Judge, Trichy to accept the surrender of the petitioner and to consider the recall the warrant petition in connection with the case in S.C.No.100 of 2011 on his file on the date of his surrender on the same day on merits.

For Petitioners : Mr.B.Jameel Arasu For 1st Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Learned Principal Sub Judge, Trichy to accept the surrender of the petitioner and to consider the recall warrant petition in connection with the case in S.C.No.100 of 2011 on his file on the date of his surrender on the same day on merits. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3.The petitioner is the 8th accused in criminal complaint and S.C.No.100 of 2011. Originally, the case was registered in Cr.No.447 of 2008 for the offence punishable under Sections 342, 406 and 420 IPC @ 395 IPC. After the investigation, the offences were altered into Section 395 IPC. Due to non appearance of the petitioner, Non-Bailable Warrant was issued. The petitioner has https://hcservices.ecourts.gov.in/hcservices/

come with an acceptable explanation for his non-appearance. The learned counsel for the petitioner undertakes that the petitioner will co-operate with the trial.

4.In view of the undertaking given by the learned counsel for the petitioner, this Court is inclined to allow this petition. As a result, the criminal original petition is allowed and the petitioner is directed to surrender before the learned Principal Subordinate Judge, Trichy and on such surrender, the learned Principal Subordinate Judge, Trichy is directed to consider the application for recalling warrant on the same day on which, it is filed by the petitioner in S.C.No.100 of 2011. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Principal Subordinate Judge, Trichy.

2. The Inspector of Police, Cantonment Police Station (Crime) Trichy City.

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

+ 1 cc TO Mr.B.Jameel Arasu , Advocate in SR No. 60446 Dss/Ns AE/SV/SAR1/24.04.2018/2P/5C Crl.OP.(MD)No.17560 of 2017 09.04.2018 https://hcservices.ecourts.gov.in/hcservices/