Madras High CourtCRL OP(MD)/19835/2023dismissed

Vigneswaran v. The Deputy Superintendent Of Police

2023-11-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Vigneswaran ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruvarur Sub Division, Thiruvarur.

2.The Inspector of Police, Korattacheri Police Station, Thiruvarur District (In Crime No.322 of 2014) 3.Murugaiyan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned I Additional District Judge,PCR Court,Thanjavur to accept the surrender of the petitioner and consider the petitioner's recall of NBW Petition and on the same day of surrender itself in Spl.SC.No.26/2015.

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For Petitioner : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the learned I Additional District Judge,PCR Court, Thanjavur, to accept the surrender of the petitioner and consider the petitioner's recall of NBW Petition and on the same day of surrender itself in Spl.SC.No.26/2015.

2. Learned Government Advocate submitted that the petitioner is facing charges under Sections 324, 323 of IPC r/w 3(1)(s),(v)of SC/ST Act before the trial Court. The petitioner surrendered before the trial Court on 04.08.2023, at that time of accepting the sureties, he was absconded from the Court. Thereafter, warrant was issued. Seeking direction to recall the warrant, this petition came to be filed.

3. Heard both sides.

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4. In view of the submissions made by the learned Government Advocate, the conduct of the petitioner disentitling the petitioner from claiming any discretionary relief, this petition is clearly abuse of process of Court. The petitioner can appear before the concerned Court and apply for regular bail.

5. With this direction, this Criminal Original Petition is dismissed. 21.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Deputy Superintendent of Police, Thiruvarur Sub Division, Thiruvarur.

2.The Inspector of Police, Korattacheri Police Station, Thiruvarur District. (In Crime No.322 of 2014) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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