Madras High CourtCRL OP(MD)/8263/2025disposed of

Pandiyarajan v. The State Of Tamil Nadu

2025-04-30Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Pandiyarajan

2. Anbukadavul ... Petitioners Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Town West Police Station, Dindigul District.

Cr. No.512 of 2018.

... Respondent PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the learned Special Judge for Communal Clash Cases at Madurai to consider the petitioners' warrant recall petition on the same day of their surrender in connection with the case in C.C.No.473 of 2022 pending on the file of the learned Special Judge for communal clash cases at Madurai.

For Petitioners : Mr.M.Suresh For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Special Judge for Communal Clash Cases at Madurai to consider the petitioners' warrant recall petition on the same day of their surrender in connection with the case in C.C.No.473 of 2022 pending on the file of the learned Special Judge for communal clash cases at Madurai.

2.According to the petitioners, they are attending the trial Court regularly, on every date of hearing, but unfortunately due to some personal reasons, they have not attended the hearing on 23.04.2025, therefore, the trial Court issued non bailable warrant against the petitioners and the same is pending.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that due to non appearance of the petitioners, the trial Court issued non bailable warrant against the petitioners and without approaching the trial Court, the petitioners have 2/5

straight away approached this Court. Hence he prayed to dismiss this petition.

4.In view of the above, this Court directs the petitioners to appear before the trial Court within a period of fifteen days, from the date of receipt of a copy of this order and shall file appropriate application before the trial Court. On such application if any filed by the petitioners, the trial Court is directed to consider the same on the same day, on merits and in accordance with law.

5.With the above observations and direction, this Criminal Original Petition is disposed of.

30.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To 1.The Special Judge, Special District Court for Communal clash cases, Madurai.

2.The State of Tamil Nadu, Rep. by the Inspector of Police, Town West Police Station, Dindigul District.

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

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P. DHANABAL, J.

LR 30.04.2025 5/5