Madras High CourtCRL OP(MD)/16949/2018disposed of

R. Sankar v. E. Kamaraj

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16949 of 2018 R.Sankar : Petitioner Vs.

1.E.Kamaraj 2.The Inspector of Police, Muneerpallam Police Station, Muneerpallam, Tirunelveli District.

: Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.V, Tirunelveli, Tirunelveli District to pass order on the Non Bailable Warrant recall petition filed by the petitioner on the same day Surrender in S.T.C.No.222 of 2011 on the file of the learned Magistrate No.V, Tirunelveli, Tirunelveli District. For Petitioner : Mr.A.D.Ganeshamoorthi For R2 : Mr.M.Chandra Sekaran Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to direct the learned Judicial Magistrate No.V, Tirunelveli, Tirunelveli District to pass order on the Non Bailable Warrant recall petition filed by the petitioner on the same day Surrender in S.T.C.No.222 of 2011.

2.The petitioner was absent before the learned learned Judicial Magistrate No.V, Tirunelveli. Therefore, Non Bailable Warrant came to be issued.

3.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4.If the petitioner fails to appear before the Court below for future hearings, he shall to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order shall stand cancelled automatically.

5. Recording the aforesaid undertaking given by the learned counsel appearing for the petitioner, the petitioner is permitted to appear before the learned Judicial Magistrate No.V, https://hcservices.ecourts.gov.in/hcservices/

Tirunelveli, on the next hearing date and to file a recall warrant petition. The learned Judge is directed to recall the warrant on the same day.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Judicial Magistrate No.V, Tirunelveli, Tirunelveli District

2. The Inspector of Police, Muneerpallam Police Station, Muneerpallam, Tirunelveli District.

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

+1cc to Mr.A.D.Ganeshamoorthi, Advocate Sr.No.86090 DAS VB/PM/SAR1/26.10.2018/2P/5C Crl.O.P.[MD].No.16949 of 2018 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/