Madras High CourtCRL OP(MD)/22849/2016disposed of

Pandi v. The Inspector Of Police,

2016-12-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22849 of 2016 Pandi .. Petitioner/1st Accused -VsThe State represented by The Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

(Crime No.38 of 1998) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge (PCR Court), Sivagangai to consider the recall petition to be filed by the petitioner for recalling the non-bailable warrant made against him in S.C.NO.222 of 2009, on the very same day of its filing. For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned Principal District and Sessions Judge (PCR Court), Sivagangai to consider the recall petition to be filed by the petitioner for recalling the non-bailable warrant made against him in S.C.NO.222 of 2009, on the very same day of its filing.

2. The learned Counsel for the petitioner would submit that due to the petitioner's non-appearance, Non-Bailable Warrant was issued against the petitioner on 20.07.2010 in connection with a case in S.C.No.222 of 2009, on the file of the learned Principal District and Sessions Judge (PCR Court), Sivagangai. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Counsel for the petitioner would further submit that the petitioner is ready to surrender before the

concerned Court and his bail application may be considered on the same day. He would further submit that the petitioner is willing to donate a sum of Rs.10,000/-(Rupees Ten Thousand Only) to the Head Master, Government Higher Secondary School, Alathur, A/c No.229601000004976, IFSC Code :IOBA0002296, Indian Overseas Bank.

4. The learned Government Advocate (Crl.Side) has no serious objection.

5. Considering the facts and circumstances of the case, this Court directs the petitioner to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Head Master, Government Higher Secondary School, Alathur, A/c No.229601000004976, IFSC Code : IOBA0002296, Indian Overseas Bank, within a period of one from the date of receipt of a copy of this order and by producing the receipt of the same, he shall appear and surrender before the Court concerned and file recall application and the same shall be considered on the same day.

6. With the above directions, this Criminal Original Petition is ordered.

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

1. The Principal District and Sessions Judge (PCR Court), Sivagangai.

2.The Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

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

+1 cc to M/S.M.S.JEYAKARTHIK, Advocate Sr.No.78551 Crl.O.P.(MD) No.22849 of 2016 02.12.2016 SMA/CK/SAR-1/22.12.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/