Madras High CourtCRL OP(MD)/19371/2021disposed of

Ponmuthuramalingam v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19371 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19371 of 2021 Ponmuthuramalingam ... Petitioner/Accused (Sole Accused) Vs The Inspector of Police, Manamadurai Police Station, Sivagangai, Sivagangai District.

(Crime No.446/2015) ... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District to consider the recall warrant petition filed under Section 70(ii) of Cr.P.C on the same day of his filing to recall NBW issued in PRC.No.75 of 2015 on the file of the learned Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District. For Petitioner : Mr.R.Babu Jaganath For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate(Criminal Side) for the respondent.

2. The petitioner is figuring as an accused in P.R.C.No. 75 of 2015 on the file of the Judicial Magistrate, Manamadurai. Crime No.446 of 2015 was registered following the murder of an advocate. The petitioner is figuring as the sole accused in the said case.

3. The petitioner's counsel states that fearing for his life, he had not been attending the court hearing for all these months. The next hearing date is 30.12.2021. The petitioner is ready to appear on the said date.

4. Recording the said undertaking, the petitioner is permitted to surrender before the Judicial Magistrate, Manamadurai on 30.12.2021 and apply for recall of warrant. The learned trial Magistrate is called upon to consider the recall petition on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19371 of 2021 same day.

5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(AD-II) // 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 Additional District Munsif cum Judicial Magistrate Court, Manamadurai, Sivagangai District.

2.The Judicial Magistrate, Manamadurai.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai, Sivagangai District.

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

Crl.O.P(MD)No.19371 of 2021 07.12.2021 nsn(CO) TR(17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2