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Madras High CourtCRL OP(MD)/5477/2023disposed of

Suresh Kannan v. The Inspector Of Police

2023-03-24Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Suresh Kannan ... Petitioner/Accused No.3 Vs.

State represented by The Inspector of Police Sakkottai Police Station, Sivagangai District.

(Crime No.255/2015).

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Additional District Judge, Sivagangai District to consider the petition filed u/s.70(2) Cr.PC. to recall the Non Bailable warrant issued as against these petitioner on 08/12/2021 in SC.No.46/2018 on the same day of surrender. For Petitioner : Mr.K.Prabhu For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to direct the Learned Additional District Judge, Sivagangai District to consider the petition filed u/s.70(2) Cr.P.C. to recall the Non Bailable warrant issued as against this petitioner on 08.12.2021 in S.C.No.46 of 2018 on the same day of surrender.

2. The learned Additional Public Prosecutor would submit that the complaint is of the year 2015 and the warrant has been issued against this petitioner on 08.12.2021.

3. Since the warrant has been issued against this petitioner on 08.12.2021, the petitioner may approach the concerned Court and get the warrant recalled by setting out the facts and circumstances of this case. There shall be a direction to the concerned Court to consider the petitioner's warrant recall petition, pass orders depending upon the facts and circumstances and on merits of that petition. 2/4

4. With the above said direction, this Criminal Original Petition is disposed of.

24.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Inspector of Police Sakkottai Police Station, Sivagangai District.

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

G.ILANGOVAN ,J.

3/4

Indu Order made in Dated: 24.03.2023 4/4