Madras High CourtCRL OP(MD)/6189/2017allowed

J.Raju v. The Inspector Of Police

2017-05-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2017

CORAM:

THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No.6189 of 2017 J.Raju ... Petitioner / Accused Vs.

State rep. by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

... Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate NO.II, Kuzhithurai, Kanyakumari District to consider the petitioners recall petition under section 70(2) of Cr.P.C. on the same day itself as against the Non Bailable Warrant issued in STC.No.1060 of 2007 dated 10.04.2017.

For Petitioner :

Mr.M.Sankar For Respondent :

Mr.K.Anbarasan, G.A.(Crl.side)

O R D E R

The petitioner has come forward with this petition praying to direct the learned Judicial Magistrate NO.II, Kuzhithurai, Kanyakumari District to consider the petitioners re- call petition under section 70(2) of Cr.P.C. on the same day itself as against the Non Bailable Warrant issued in STC.No.1060 of 2007 dated 10.04.2017.

2.The learned counsel appearing for the petitioner would submit that since the petitioner, who has been shown as accused in S.T.C.No.1060 of 2007, has not appeared before the Court for one hearing, NBW was issued against him and therefore the petitioner has come forward with this application for the relief as stated supra.

3.Heard the learned Government Advocate (crl.side). 4.Considering the facts and circumstances of the case, the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District is directed to consider the petitioner's re- call petition under section 70(2) of Cr.P.C. on the same day and accordingly this petition is allowed.

Sd/- Assistant Registrar /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To:

1. The Judicial Magistrate NO.II, Kuzhithurai, Kanyakumari District.

2. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

+1 CC to Mr.M.SANKAR, Advocate, SR No. 56890 SMN PSM/RSK/SAR1/31.05.2017/2P/5C ORDER MADE IN Crl.O.P.(MD)No.6189 of 2017 18.05.2017 https://hcservices.ecourts.gov.in/hcservices/