Madras High Court
Rocket Raja @ Raja vs State Rep By on 11 January, 2021
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.321 of 2021
Rocket Raja @ Raja Petitioner
vs.
State Rep by
The Inspector of Police,
Government Hospital Police Station,
Salem District.
(Crime No.1 of 2002) Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in connection with the order dated
10.01.2020 passed in Cr.M.P.No.43 of 2020 in S.C.No.227 of 2018 on the file of
learned III Additional District Judge, Salem and set aside the same and recall the
Non-Bailable warrant issued against the petitioner on 10.01.2020.
For Petitioners : Mr.Niranjan S. Kumar
For Respondent : Mr.C.Raghavan
Government Advocate
ORDER
This petition has been filed challenging the order passed by the court below dated 10.01.2020 issuing non-bailable warrant against the petitioner. https://www.mhc.tn.gov.in/judis/ 2
2.The respondent police registered an FIR in Crime No.01 of 2002 against five accused persons. On completion of the investigation, a final report came to be filed in PRC No.16 of 2005 and the case was also committed to the III Additional District Court, Salem and it was numbered as SC.No.227 of 2018.
3.The petitioner had challenged yet another order passed against him in an Appeal in Crl.A.(MD)No.320 of 2018 and this Court enlarged the petitioner on bail by imposing certain conditions. One such condition was to report before the Commissioner of Police, Mumbai. In the meantime, summons were issued by the III Additional District Judge, Salem in S.C.No.227 of 2018. On 10.01.2020. An application was filed under Section 317 of Cr.P.C to dispense with the appearance of the petitioner by citing the order passed by the High Court in the Criminal Appeal and the condition imposed therein. This application was dismissed and non-bailable warrant was issued against the petitioner. Aggrieved by the same, the present petition has been filed before this Court.
3.Heard Mr.Niranjan S.Kumar, learned counsel appearing on behalf of the petitioner and Mr.C.Raghavan, learned Government Advocate appearing on behalf of the respondent.
4.It is seen from records that pursuant to the non-bailable warrant issued by https://www.mhc.tn.gov.in/judis/ 3 the court below, the petitioner had already approached this Court and filed Crl.O.P.No.1045 of 2020 seeking for anticipatory bail and this Court disposed of the petition by an order dated 05.02.2020, directing the petitioner to surrender before the court below and file appropriate application to recall the non-bailable warrant. The grievance of the petitioner is that he is not able to comply with this order in view of the condition imposed by this Court in the Appeal. That apart, the petitioner was also not able to move out of Mumbai due to restrictions imposed during the pandemic situation.
5.In the considered view of this Court, once an order has already been passed in Crl.O.P.No.1045 of 2020 directing the petitioner to surrender and seek for recall of the non-bailable warrant, a contrary order cannot be passed in this petition. At the best, the petitioner can always seek for modification of the condition imposed/relaxation of the condition imposed in Criminal Appeal by bringing to the notice of the concerned Bench, the predicament faced by the petitioner due to the non-appearance in the present case. Based on the orders passed in the modification petition, the petitioner can always comply with the earlier direction given by this Court by surrendering before the concerned Court and filing an application for recalling the non-bailable warrant and the concerned https://www.mhc.tn.gov.in/judis/ 4 N. ANAND VENKATESH, J.
ssr Court can consider the same on the same day and pass orders. Except giving this clarity, no further orders can be passed in this Criminal Original Petition.
6.This Criminal Original Petition disposed of accordingly.
11.01.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
ssr
To
1. The III Additional District Judge, Salem
2. The Inspector of Police,
Government Hospital Police Station,
Salem District.
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P No.321 of 2021
https://www.mhc.tn.gov.in/judis/