Bennet Yesudoss v. The Superintendnt Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.8601 of 2016 Bennet Yesudas .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, at Nagercoil.

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

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd Respondent to execute the non bailable warrant pursuant to the disposal of the Crl.A.No.98 of 2013 on the file of the Learned II Additional District and Sessions Judge Thoothukudi by Judgement dated 26.08.2015 pursuant to the Representation of the Petitioner dated 01.02.2016. For Petitioner : Mr.A.Thiruvadikumar For respondents : Mr.K.V.Rajarajan Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the second respondent to execute the Non Bailable Warrant issued against the accused pursuant to the disposal of Crl.A.No.98 of 2013 by the learned Additional District and Sessions Judge, Thoothukudi. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioner would submit that the Non Bailable Warrant issued by the trial Court against the accused in Crl.A.No.98 of 2013 has not been executed, even https://hcservices.ecourts.gov.in/hcservices/

after a lapse of nine months. The petitioner has also sent a representation to the first respondent on 01.02.2016. But till date no action has been taken and hence, the petitioner is before this Court.

4.The learned Government Advocate (Criminal Side), on instructions, would submit that the second respondent requires two weeks time to execute the non bailable warrant. 5.Accordingly, this Criminal Original Petition is disposed of with a direction to the second respondent to execute the Non Bailable Warrant issued against the accused in Crl.A.No.98 of 2013 within a period of two weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The IInd Additional District and Sessions Judge, Thoothukudi 2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

3.The Inspector of Police, Thukkalay Police Station, Thukkalay, Kanyakumari District.

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

+One cc to Mr.A.Thiruvadikumar, Advocate, SR.No.31183 mj RL/6C/2P/ARK/PV/SARI/28/6/2016 Crl.O.P(MD)No.8601 of 2016 16.06.2016 https://hcservices.ecourts.gov.in/hcservices/