Madras High CourtCRL OP(MD)/8203/2020allowed

Petchimuthu @ Payasam v. The Inspector Of Police

2020-08-05Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8203 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8203 of 2020 Petchimuthu @ Payasam ... Petitioner/Accused No.2 Vs.

State rep by its The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

(Crime No.92 of 2013) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned 4th Additional Sessions Judge, Tirunelveli to consider the recall warrant application of the petitioner on the same day of his surrender in S.C.No.778 of 2017 on its file.

For Petitioner : Mr.R.Maheswaran For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the learned IV Additional Additional Sessions Judge, Tirunelveli to set aside the order of Non-Bailable Warrant and recall the same, which was issued in S.C.No.778 of 2017, dated 25.02.2020, insofar as the petitioner is concerned.

2.The learned counsel appearing for the petitioner would submit that the petitioner is an accused and facing trial in S.C.No.778 of 2017 for the offence punishable under Sections 120(b), 302, 115 r/w Section 34 IPC. He would further submit that originally the case was taken on file in S.C.No.778 of 2017 on the file of the learned IV Additional Additional Sessions Judge, Tirunelveli and when the case was posted for examination of witnesses, due to COVID-19, the petitioner has not appeared before the learned IV Additional Additional Sessions Judge, Tirunelveli and hence, Non-Bailable Warrant was issued on 25.02.2020. He would also submit that the petitioner is prepared to surrender before the Trial Court and cooperate for the progress of trial. 3.Heard the learned counsel on either side and perused the materials available on records.

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Crl.O.P.(MD)No.8203 of 2020 4.Considering the submissions made by the learned counsel appearing for the petitioner, this Court directs the petitioner to surrender before the learned IV Additional Additional Sessions Judge, Tirunelveli. On such surrender, the learned IV Additional Additional Sessions Judge, Tirunelveli, shall consider the application for recalling the Non-Bailable Warrant on the same day his surrender and pass orders on merits and in accordance with law. 5.In the result, this criminal original petition is allowed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.IV Additional Additional Sessions Judge, Tirunelveli.

2.The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.8203 of 2020 05.08.2020 kmk(CO) TR(18.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2