P.Thuraiswamy vs The State Represented By on 1 March, 2019

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Madras High Court

P.Thuraiswamy vs The State Represented By on 1 March, 2019

Bench: N.Seshasayee

                                                          1

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 01.03.2019

                                                      CORAM:

                              THE HONOURABLE MR.JUSTICE. N.SESHASAYEE

                                          Crl.O.P.[MD].No.3175 of 2019

                      1.P.Thuraiswamy
                      2.T.Arul Sobin
                      3.T.Arul Kumar                                          : Petitioners
                                                         Vs.

                      The State represented by
                      The Sub-Inspector of Police,
                      Vellichanthai Police Station,
                      Kanyakumari District.
                      [Crime No.6 of 2009]                                    : Respondent


                      PRAYER: Criminal Original Petition is filed under Section 482 of
                      Cr.P.C., to direct the learned Judicial Magistrate, Eraniel to consider
                      the recall warrant issued on 12.12.2018 and seeks to recall the non
                      bailable warrant in S.T.C.No.996 of 2010 pending on the file of the
                      learned Judicial Magistrate, Eraniel, Kanyakumari District.


                                  For Petitioners     : Mr.P.Karthick
                                  For Respondent      : Mr.V.Neelakandan
                                                       Additional Public Prosecutor



                                                      ORDER

This petition has been filed to direct the learned Judicial Magistrate, Eraniel to consider the recall warrant issued on 12.12.2018 and seeks to recall the non bailable warrant in S.T.C.No. http://www.judis.nic.in 2 996 of 2010 pending on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3. The learned counsel appearing for the petitioner submitted that the petitioners have been dispensed with appearing before the learned Judicial Magistrate, Eraniel in S.T.C.No.996 of 2010. He added that the petitioners have been regularly appearing before the trial Court in respect of that. When they did not appear pursuant to the order of this Court in Crl.O.P.(MD)No.12148 of 2009 dated 23.12.2009, the trial Court has issued a Non-bailable warrant for securing them.

4. The petitioner is now directed to move the trial Court with necessary petition to recall warrant and to make known facts now presented before this Court to the learned Judicial Magistrate, Eraniel, whereupon, the learned Judicial Magistrate, Eraniel, may decide the issue as per law. The learned Judicial Magistrate, Eraniel, is further directed that any petition for recalling warrant filed by the petitioners shall be heard and decided on the same day. http://www.judis.nic.in 3

5. With the above direction, this criminal original petition is disposed of.

01.03.2019 Index : Yes/No Internet : Yes/No sm To

1.The Judicial Magistrate, Eraniel, Kanyakumari District.

2.The The Sub-Inspector of Police, Vellichanthai Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. http://www.judis.nic.in 4 N.SESHASAYEE, J.

sm Crl.O.P.[MD].No.3175 of 2019 01.03.2019 http://www.judis.nic.in

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