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Madras High CourtCRL OP(MD)/10853/2022disposed of

Pitchai Muthu @ Karthikeyan v. The Inspector Of Police

2022-06-20Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10853 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.10853 of 2022 Pitchaimuthu @ Karthikeyan

...Petitioner/Accused No.7

Vs.

The State rep. by the Inspector of Police, Avudaiyarkovil Police Station, Kovilpatti, Pudukottai District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to directing the respondent to consider the recall of the Non Bailabale warrant petition on the same day of surrender in S.C.No.88 of 2010 on the file of the Sub Court, Aranthangi in Crime No.181 of 2008 on the file of the respondent Police on the same day.

For Petitioner : Mr. S.C. Herold Singh For Respondent : Mr.R. Sureshkumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to recall the Non Bailabale warrant petition on the same day of surrender in S.C.No.88 of 2010 on the file of the Sub Court, Aranthangi in Crime No.181 of 2008 on the file of the respondent Police on the same day.

2. The learned counsel appearing for the petitioner submitted that the respondent police prosecuted the petitioner along with other accused for the offence punishable under Sections 147,148, 342, 323, 324 and 307 IPC in Crime No.181 of 2008 and the the case was taken on file in S.C.No.88 of 2010 and the same is pending on the file of the Sub Court, Aranthangi. Since the petitioner / accused not appeared before the trial Court Non Bailable Warrant was issued against him. Now, the petitioner seeks a direction to consider his surrender before the trial Court on the same day itself.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that Non Bailable Warrant issued against the petitioner on 25.03.2022 and the next hearing date is 24.06.2022.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10853 of 2022

4. On perusal of the records, the fact reveals that the petitioner is an accused in S.C.No.88 of 2010 on the file of the Sub Court, Aranthangi. Due to the non appearance of the petitioner before the trial Court, Non-Bailable Warrant was issued against him on 25.03.2022 and now, the case is posted for hearing on 24.06.2022.

5. Considering the facts and circumstances, the petitioner is hereby directed to appear before the Trial Court on the next hearing date and shall file a petition for recalling the Non Bailable Warrant issued against him, dated 25.03.2022, and on filing such petition, the learned Trial Magistrate, is directed to recall the Non Bail Warrant on the same day itself on merits.

6. With these directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // 21/06/2022 Sub Assistant Registrar(CS) trp To 1.The Subordinate Judge, Aranthangi.

2.The Inspector of Police, Avudaiyarkovil Police Station, Kovilpatti, Pudukottai District.

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

+1 CC to M/s.S.C. HEROLD SINGH, Advocate ( SR-27026[F] dated 21/06/2022 ) Crl.O.P.(MD) No.10853 of 2022 20.06.2022 vr(CO) GC(21.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2