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Madras High CourtCRL MP(MD)/10342/2021allowed

P.Ramanathan v. The Deputy Superintendent Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD) No.10342 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.10342 of 2021 IN CRL OP(MD) No.18691 of 2021 P.RAMANATHAN ... PETITIONER/ PETITIONER Vs THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, E.O.W -II, MADURAI.

CRIME NO.1/2010. ... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to issue a direction directing the Special court for (TNPID) cases, Madurai to recall the Non bailable warrant issued against this petitioner in C.C.No. 25 of 2013 dated 20.11.2021 pending disposal of the above Criminal Original Petition. Prayer in CRL OP(MD). 18691/ 2021 :

To call for the records in Crl M.P No.3542 of 2021 in C.C No.25/2013 on the file of Special court for Tamil Nadu Protection Interest of Depositors Act 1997, Madurai dated 17.11.2021, set aside the same.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.P.S.PALANIVEL RAJAN, Advocate for the petitioner and of MR.M.SAKTHI KUMAR, Government Advocate (Crl. Side) on behalf of the Respondent, the court made the following order:- Heard the learned counsel on either side.

2. This criminal original petition has been filed for setting aside the impugned order passed by the trial Court dismissing the petition filed for recall of witnesses.

3. I made it clear to the petitioner's counsel that I may not be inclined to interfere with the order impugned in this criminal original petition. Thereupon, the petitioner's counsel submitted that he had settled quite a few depositors and he seeks time to furnish the necessary materials. For this purpose, this case stand adjourned to 02.12.2021.

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CRL MP(MD) No.10342 of 2021

4. It is stated that non-bailable warrant has been issued against the petitioner. In that regard, to recall the warrant issued on 17.11.2021, Crl.M.P.(MD)No.10342 of 2021 has been filed.

5. The petitioner is permitted to appear before the trial Court on 30.11.2021. He shall file an application to recall the non bailable warrant under Section 70(2) of Cr.P.C. The learned trial Judge is called upon to recall the same so that the petitioner is not remanded to custody.

6. This criminal miscellaneous petition is allowed. sd/- 29/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SPECIAL COURT FOR TAMIL NADU PROTECTION INTEREST OF DEPOSITORS ACT 1997, MADURAI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, E.O.W -II, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to MR.K.P.S.PALANIVEL RAJAN, Advocate ( SR-8617[I] dated 29/11/2021 )

ORDER

IN CRL MP(MD) No.10342 of 2021 IN CRL OP(MD) No.18691 of 2021 Date :29/11/2021 PMU MK/VR/SAR.II/29.11.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2