Madras High CourtCRL OP(MD)/9928/2022dismissed

Balasubramanian v. The Deputy Superintendent Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.9928 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.9928 of 2022 Balasubramanian ... Petitioner/Accused Vs

1. The Deputy Superintendent Of Police, Thiruppathur, Sivagangai District.

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

Crime No.20 of 2022..

... 1st & 2nd Respondents / Complainants

3. Sarathkumar ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special District and Sessions Judge, PCR Court, Sivagangai to consider the surrender and warrant recall application of the petitioner on same day on merits in accordance with law in respect of the Spl.SC.No.20/2019 in Cr.No.27 of 2012.

For Petitioner : Mr.B.Muneeswaran For Respondents : Mr.A.Albert James (R1&R2) Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, directing the learned Special District and Sessions Judge, PCR Court, Sivagangai to consider the surrender and warrant recall application of the petitioner on same day on merits, in accordance with law, in respect of the Spl.SC.No.20/2019 in Cr.No.27 of 2012.

2. Perusal of records reveals the facts that the petitioner is the accused in Spl.SC.No.20 of 2019 on the file of the PCR Court, Sivagangai. The trial Court has issued warrant for non-appearance of the petitioner and the petitioner has violating the conditions imposed against him, at the time of execution of bail bond. Since the petitioner has not appeared before the trial Court on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.9928 of 2022 22.02.2018, the trial Court has issued non-bailable warrant for securing the petitioner.

3. Under these circumstances, petition filed by the petitioner to consider his surrender and warrant recall application is unsustainable. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The Special District and Sessions Judge, PCR Court, Sivagangai

2. The Deputy Superintendent Of Police, Thiruppathur, Sivagangai District.

3. The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

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

+1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-25143[F] dated 10/06/2022 ) ORDER IN CRL.O.P (MD) No.9928 of 2022 10.06.2022 ck(CO) TR(13.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2