Madras High CourtCRL OP(MD)/5355/2017disposed of

Lakshmipriya, v. C.Murugan,

2017-06-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.5355 of 2017 Lakshmipriya ... Petitioner -vs1. C.Murugan ... 1st Respondent/Complainant

2. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

... 2nd Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to consider the petition filed to recall the Bailable Warrant issued against the petitioner in C.C.No.16 of 2016 on the file of the learned Judicial Magistrate (Fast Track Court), Srivilliputhur dated 27.02.2016 on the very same day. For Petitioner : Mr.J.Lawrance For R1 : Mr.M.Thirunavukkarasu For R2 : Mr.T.Mohan Addl. Public Prosecutor *****

O R D E R

This petition has been filed to consider the petition filed to recall the Bailable Warrant issued against the petitioner in C.C.No.16 of 2016 on the file of the learned Judicial Magistrate (Fast Track Court) Srivilliputhur dated 27.02.2016 on the very same day.

2. The petitioner is facing trial in C.C.No.16 of 2016 before the learned Judicial Magistrate (Fast Track Court), Srivilliputhur for an offence under Section 138 of N.I.Act that has been launched by the 1st respondent. While so, the petitioner did not appear before the Trial Court and on 27.02.2017, the Magistrate has issued a Bailable Warrant for securing the presence of the petitioner, for recalling which, the petitioner has filed the present petition.

3. In the considered opinion of this Court, the petition under Section 482 Cr.P.C. is not maintainable for recalling the warrant, since a remedy is provided under Section 70(ii) Cr.P.C.

4. However, learned counsel for the petitioner submitted that the petitioner has already paid Rs.1,50,000/- and is also prepared to pay the balance amount to the 1st respondent herein / complainant. That a part, the warrant was issued on 27.02.2017 and https://hcservices.ecourts.gov.in/hcservices/

the same has not been executed by the Police till date, on account of which, the Trial Court has not been able to proceed further with the case.

5. Under such circumstances, this Court directs the petitioner to deposit Rs.50,000/- before the Trial Court within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the complainant will be entitled to withdraw the same, for which, the petitioner has got no objection.

6. Upon surrender of the petitioner before the Trial Court within the said period, the petitioner shall be released on bail under Section 436 Cr.P.C. on furnishing necessary sureties as laid down by the Trial Court and if, thereafter the petitioner absconds, a fresh FIR can be registered against her under Section 229-A IPC.

7. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To:

1.The Judicial Magistrate, Fast Track Court, Srivilliputhur

2. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

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

+One cc to Mr.M.Thirunavukkarasu, Advocate, SR.No.58418 +One cc to Mr.J.Lawrance, Advocate, SR.No.58911 ar RL/6C/2P/KP/SAR1/4/7/2017 Crl.O.P.(MD) No.5355 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.06.2017