Ravichandran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Arputharaj ... Petitioner/Sole Accused Vs.

State Represented by The Inspector of Police, Nesamani Nagar Police Station, Nagercoil District.

Crime No.40 of 2013 ... Respondent/Complaint PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.II, Nagercoil to accept the petitioner's surrender, warrant recall application and consider on the same day on merits in C.C.No.214 of 2014 on the file of the learned Judicial Magistrate No.II, Nagercoil. For Petitioner : Mr.S.Manojkumar For Respondent : Mr.M.Sakthikumar Government Advocate (Crl. side)

ORDER

The petitioner has filed this application seeking a direction to the learned Judicial Magistrate No.II, Nagercoil to accept the application 1/4

filed by the petitioner under Section 70(2) of Cr.P.C., on the date of filing itself.

2.Heard the learned counsel on either side and perused the materials placed on record.

3.If any application is filed under Section 70(2) of Cr.P.C., would be decided only on the same day. It is the discretion of the learned Magistrate either to recall the Non-Bailable Warrant or remand the accused. Hence, this Court is not inclined to interfere with the discretion of the trial Court.

4.Accordingly, this Criminal Original Petition is dismissed. 11.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No sji To 1.The Judicial Magistrate No.II, Nagercoil.

2.The Inspector of Police, Nesamani Nagar Police Station, Nagercoil District.

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

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B.PUGALENDHI , J.

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