Madras High CourtCRL OP(MD)/21748/2016disposed of

Ramesh v. The Inspector Of Police

2016-11-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21748 of 2016 Ramesh ... Petitioner/Accused No.11 -VsState represented by The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

Cr.No.8 of 2008 ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Additional District and Sessions Judge (Protection of civil Rights), Tirunelveli to accept the surrender and to consider the bail application to be filed by the petitioner on the same day in S.C.No.123 of 2014 on the file of the Additional District and Sessions Judge (Protection of civil Rights) Tirunelveli. For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.P.Kannithevan Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition is filed seeking a direction to the Additional District and Sessions Judge (Protection of civil Rights), Tirunelveli to accept the surrender and to consider the bail application to be filed by the petitioner on the same day in S.C.No.123 of 2014 on the file of the Additional District and Sessions Judge (Protection of civil Rights) Tirunelveli.

2. The learned Counsel for the petitioner would submit that the case is taken on file as S.C.No.106 of 2009 by the Subordinate Court for Protection of Civil Rights Act, Tirunelveli and the petitioner was regularly appearing till 07.02.2014. It is further submitted that the petitioner is a coolie and for eking his livelihood, he had gone to Mumbai and he is not aware of the NonBailable Warrant issued against him and would further submit https://hcservices.ecourts.gov.in/hcservices/

that the petitioner is willing to donate a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Girls School, Ulaganeri, Madurai.

3. The learned Government Advocate (Crl.Side), on instructions, would submit that in respect of other accused, the case is posted for arguments and the Non-Bailable Warrant issued against the petitioner could not be executed for the past two years.

4. Considering the facts and circumstances of the case, this Court directs the petitioner to appear and surrender before the Court concerned, within a period of two weeks from the date of receipt of a copy of this order and file recall bail application and the same shall be considered on the same day. The petitioner is also directed to pay the amount of Rs.10,000/-(Rupees Ten Thousand only) to the Girls School, Ulaganeri, Madurai, within a period of two weeks from the date of receipt of a copy of this order and produce the receipt before the trial Court.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To:

1. The Additional District and Sessions Judge (Protection of civil Rights), Tirunelveli.

2. The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

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

4. The Officer-in-Charge, Girls School, Ulaganeri, Madurai.

+ 1 CC TO Mr.T.A.EBENEZER, ADVOCATE IN SR No. 69430 SSL TE/SS-2 : 08/12/2016 : 2P/6C Crl.O.P.(MD) No.21748 of 2016 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/