T.Ramesh Alias Rajakumar vs The Sub Inspector Of Police on 9 January, 2015

[Cites 1, Cited by 0]

Madras High Court

T.Ramesh Alias Rajakumar vs The Sub Inspector Of Police on 9 January, 2015

Bench: C.T.Selvam

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:  09.01.2015

CORAM
THE HON'BLE MR.JUSTICE C.T.SELVAM

CRL.O.P.(MD)No.22700 of 2014
and M.P.(MD) Nos.1 and 2 of 2014

T.Ramesh alias Rajakumar 					     .. Petitioner

           .. Vs ..

1.The Sub Inspector of Police,
  Colachel Police Station,
  Kanyakumari District.
  (Crime No.291 of 2010 &
  C.C.No.243 of 2012)	
2.J.Manal Mary John				                       ..
Respondents
  R2 impleaded as per the order of
  this Hon'ble Court dated 06.01.2015
  made in M.P.(MD) No.3 of 2014.

	 Criminal Original Petition filed under section 482 of the Code of
Criminal Procedure, praying to transfer the case in C.C.No.243 of 2012
pending before the learned Judicial Magistrate, Ereniel, Kanyakumari District
to learned Judicial Magistrate, Valliyur, Tirunelveli District or any other
competent Court.

For Petitioner  		: Mr.T.Lajapathi Roy
For 1st Respondent 	: Mr.K.V.Rajarajan
			   Government Advocate(Crl. Side)

For 2nd Respondent	: No appearance
- - - - -


:ORDER

The petitioner who is the second accused in the case pending trial in C.C.No.242 of 2012 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District seeks transfer of the case.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the first respondent. Despite service of notice and printing the name of the second respondent in the cause list, there is no representation for him.

3. The learned counsel for the petitioner submits that the petitioner apprehends failure of justice if the case is dealt with by the Court presently seized of it. While granting anticipatory bail to the petitioner in Crl.O.P.(MD) No.10547 of 2010 on 15.09.2010, this Court was pleased to permit the petitioner to effect compliance of conditions enforced before the learned Judicial Magistrate, Valliyoor. He further submits that owing to certain mis- happening Non-bailable Warrant came to be issued against him and despite his late appearance before the Court and explanation of the reasons for not being present when the matter was called, the Court had not recalled the Non- bailable warrant. The learned counsel for the petitioner also submits that the petitioner had to engage a counsel from a different bar.

4. Considering the rival submissions, this Court directs transfer of the case in C.C.No.243 of 2012 from the file of learned Judicial Magistrate, Eraniel to the file of learned Judicial Magistrate, Valliyoor, Tirunelveli District. The Judicial Magistrate, Eraniel is directed to forward the entire case records relating to C.C.No.243 of 2012 pending on his file to the file of the Judicial Magistrate, Valliyoor forthwith for disposal in accordance with law. The petitioner may seek recall of the Non-bailable warrant issued against him before the transferee Court.

5. The Criminal Original Petition stands ordered accordingly. Consequently, connected Miscellaneous Petitions are closed.

09.01.2015 Index : Yes/No Internet: Yes/No sj To

1.The Judicial Magistrate, Ereniel, Kanyakumari District.

C.T.SELVAM, J.

2.The Judicial Magistrate, Valliyoor, Tirunelveli District.

3.The Sub Inspector of Police, Colachel Police Station, Kanyakumari District.

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

CRL.O.P.(MD)No.22700 of 2014 09.01.2015

Unlock Advanced Research with PRISMAI

Madras High Court