Madras High CourtCRL OP(MD)/2671/2017dismissed

Selvaraj v. The Deputy Superintendnet

2017-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.2671 of 2017 Selvaraj : Petitioners/Accused No.2 Vs.

1.State represented by Deputy Superintendent of Police, Paramakudi (Sub-Division), Ramanathapuram District.

(Crime No.33 of 2010).

2.The Inspector of Police, Emaneswaram Police Station, Ramanad District.

: Respondents/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Ramanathapuram to accept the surrender of the Petitioner and consider his warrant recall application on the date of surrender in connection with Spl.S.C.No.107 of 2016 on the file of the learned Principal District and Sessions Judge, Ramanathapuram on the very same day. For Petitioner : Mr.M.Senthil Ayyanar For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Ramanathapuram, to accept the surrender of the petitioner and consider his warrant recall application on merits on the same day of his surrender, in Spl.S.C.No.107 of 2016 on the file of the learned Principal District and Sessions Judge, Ramanathapuram. 2.It is seen that it is a case of the year 2010 and N.B.W. is pending against the petitioner since 25.06.2014. The case against co-accused has been split up. Under this circumstances, it is not a https://hcservices.ecourts.gov.in/hcservices/

fit case to issue the direction as prayed for.

3. Accordingly, this Criminal Original Petition is dismissed. The petitioner is directed to surrender before the trial Court. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Ramanathapuram.

2. The Deputy Superintendent of Police, Paramakudi (Sub-Division), Ramanathapuram District.

3. The Inspector of Police, Emaneswaram Police Station, Ramnad District.

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

+ 1 CC TO Mr.M.SENTHIL AYYANAR, ADVOCATE IN SR No. 13792 SJ TE/MR : 20/03/2017 : 2P/6C Order made in Crl.O.P.(MD)No.2671 of 2017 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/