Disposed

Petchimuthu @ Payasam v. The Inspector of Police

Madras HC3 Jan 2020CRL OP(MD)/19424/2019

Case brief

AI extract

What is this about?

The Madurai Bench held that due to the petitioner's ill-health and non-willful absence leading to a non-bailable warrant, he must appear next. The court directed the trial judge to consider a petition under Section 70(2) of Cr.P.C. for recalling the warrant on the same day and disposed of the petition.

What did the court decide?

Directed to appear next; to file a petition under Section 70(2) Cr.P.C. to recall NBW; trial court to consider it and pass orders on same day.

Petchimuthu @ Payasam Vs The Inspector of Police — Bail and Remand | Madras HC (2020)

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Crl.O.P.(MD)No.19424 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020 CORAM:

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THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.O.P.(MD)No.19424 of 2019

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Petchimuthu @ Payasam ... Petitioner / A4

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State represented by The Inspector of Police Ambasamuthiram Police Station, Tirunelveli District. Crime No.92/2019 ... Respondent

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Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to direct the learned 4th Additional Sessions Judge, Tirunelveli to consider the recall warrant application of the petitioner on the same day of his surrender in S.C.No.778 of 2017.

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For Petitioner : Mr.C.Susi Kumar For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

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ORDER

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This Criminal Original petition has been filed to direct the learned 4th Additional Sessions Judge, Tirunelveli, to recall the non-bailable warrant issued against the petitioner in S.C.No.778 of 2017 on the date of his surrender before the trial court.

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2.The learned counsel appearing for the petitioner would submit that due to the petitioner's ill-health, he was not able to appear before the 4th Additional Sessions Court, Tirunelveli, in respect of the case in S.C.No.778 of 2017 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

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3.Considering the undertaking given by the learned counsel appearing for the petitioner, the petitioner is directed to appear before the learned 4th Additional Sessions Judge, Tirunelveli, on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Judge is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD)No.19424 of 2019

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4.With the above direction, this Criminal Original Petition is disposed of.

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Sd/Assistant Registrar (CS-II)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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mm To 1.The IV Additional Sessions Judge, Tirunelveli. 2.The Inspector of Police Ambasamuthiram Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.19424 of 2019 03.01.2020 sma/21/01/2020/2p/4c

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https://hcservices.ecourts.gov.in/hcservices/

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Petchimuthu @ Payasam v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Petchimuthu @ Payasam v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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