Madras High CourtCRL OP(MD)/18361/2021disposed of

Pon Sudalai Raj v. The Sub Inspector Of Police

2021-11-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18361 of 2021 Pon Sudalai Raj ... Petitioner Vs 1.The State through The Sub Inspector of Police, Sathankulam Police Station, Thoothukudi District.

(Cr.No.208 of 2018) 2.Ponraj 3.Auto Sakthi @ Sakthivel 4.Ganesan 5.Nagaraj 6.Lingaraj 7.Chinnadurai ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to issue look out circular to the concerned authority to prevent the accused from fleeing away from the country. For Petitioner : Mr.P.Balamurugan For R1 : Mr.M.Sakthi Kumar Government Advocate

ORDER

This Criminal Original Petition has been filed for directing the respondent police to take steps for issuing look out circular so that the private respondent are prevented from fleeing the country.

2. The petitioner is the defacto complainant in Crime No.208 of 2018 registered on the file of the Sathankulam Police Station. The case of the petitioner is that even though the accused obtained anticipatory bail, till date they have not surrendered 1/4

nor they have complied with the condition imposed by this Court. That necessitated filing of this petition.

3. When the matter was taken up for hearing, the learned Government Advocate stated that final report was filed on 01.05.2019 against all the accused before the Judicial Magistrate, Sathankulam. It appears that till date, it has not been taken on file.

4. The Jurisdictional Court is directed to take a call in the matter on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. For the last few weeks, I come across situations wherein the police make a positive statement that they have filed the charge sheet several months ago and that the concerned Court has not taken it on file. When a report is called for from the concerned Court, invariably the report is to the effect that final report has not been received from the police. This kind of situation is highly unsatisfactory. Henceforth, whenever final report is filed, the concerned Court staff shall make an endorsement acknowledging receipt of the final report along with date and seal.

5. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate, Sathankulam.

2.The Sub Inspector of Police, Sathankulam Police Station, Thoothukudi District.

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

+1 CC to M/s.P. BALAMURUGAN, Advocate (SR-35965[F] dated 25/11/2021) Crl.O.P(MD)No.18361 of 2021 24.11.2021 NA(CO) SB(03.12.2021) 3P 5C 3/4