P. Sathya Seelan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI P.Sathya Seelan ... Petitioner Vs.

1.The State of Tamil Nadu rep by The Superintendent of Police, District Police Office, Tiruchirappalli - 620 020.

2.The State of Tamil Nadu, rep by its Inspector of Police, Thiruverumbur Police Station, Trichy District.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent to execute the non-bailable warrant issued by the Judicial Magistrate, Rajapalayam in STC No.3294 of 2010.

For Petitioner : Mr.M.Karunanithi For R1 : Mr.AS.Abul Kalam Azad Government Advocate (CrlSide) 1/4

ORDER

The petitioner is the complainant in STC No.3294 of 2010. He has filed this application seeking a direction to the respondent police to execute the non bailable warrant of arrest issued by the learned Judicial Magistrate, Rajapalayam as against the accused in STC No.3294 of 2010.

2.The learned counsel for the petitioner submits that the petitioner has lodged a complaint in STC No.3294 of 2010 for the offence under Section 138 of the Negotiable Instruments Act as against the accused. However the accused was evading the trial and he was absconding. Therefore, a non bailable warrant of arrest was issued twice in the year 2013 and 2025 against him and so far it is not executed. Therefore, the petitioner has filed this petition.

3.This court considered the rival submissions made. 4.The trial in STC No.3294 of 2010 is pending for the appearance of the accused from the year 2013. Therefore, the respondent police is 2/4

directed to execute the warrant and ensure that the accused is secured within two months from the date of receipt of a copy of this order. 5.This court is not appreciating the conduct of the petitioner in not filing application to attach the property of the accused and to declare him as proclaimed offender. It is open to the petitioner to file necessary application to declare the accused as proclaimed offender. 6.With the above direction, this petition is disposed of. 24.07.2025 DSK To 1.The Judicial Magistrate, Rajapalayam.

2.The Superintendent of Police, District Police Office, Tiruchirappalli - 620 020.

3.The Inspector of Police, Thiruverumbur Police Station, Trichy District.

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

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B.PUGALENDHI,J DSK 24.07.2025 4/4