Madras High CourtCRL OP(MD)/19537/2025disposed of

M.Srithar v. The State Of Tamil Nadu

2025-11-12Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19537 of 2025 M.Srithar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Palanichettypatti, Theni District.

Cr.No.459 of 2021.

2.Suresh ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the learned Additional Chief Judicial Magistrate, Special Court for Idol Theft, Kumbakonam, to consider the Non Bailable Warrant in C.C.No.1 of 2022 dated 02.04.2024 and warrant recall application of the petitioner on the same day now pending in C.C.No.1162 of 2025 on the file of the learned Additional Chief Judicial Magistrate, Special Court for Idol Theft, Madurai. For Petitioner : Mr.Marichamy.G For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks to direct the learned Chief Judicial Magistrate, Special Court for Idol Theft, Madurai, to consider the petitioner's warrant recall application filed in C.C.No.1162 of 2025, which relates to the warrant issued by the erstwhile Court namely learned Additional Chief Judicial Magistrate, Special Court for Idol Theft, Kumbakonam, in C.C.No.1 of 2022 dated 02.04.2024.

2. Admittedly, the petitioner has not surrendered before the learned Chief Judicial Magistrate, Special Court for Idol Theft, Madurai, where the trial is pending in C.C.No.1162 of 2025. There cannot be any direction to consider the petitioner's application in a particular manner. It is open to the petitioner to approach the learned learned Chief Judicial Magistrate, Special Court for Idol Theft, Madurai, and the same may be considered in accordance with law.

3. With the above observations, this Criminal Original Petition is disposed of 12.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 2/4

To 1.The Inspector of Police, Palanichettypatti, Theni District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.19537 of 2025 12.11.2025 4/4