1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16215 of 2011 Thangappan ... Petitioner Vs. State rep. By The Inspector of Police, Thiruppachetti Police Station, Sivagangai District. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Judge, Sivagangai District, to consider the application which would have filed by the petitioner for recalling of the warrant petition on the same day in connection with the non-bailable warrant issued in Spl.S.C.No.171 of 2009 by the learned Principal District Judge, Sivagangai District. For Petitioner :Mr.P.Senthivel For Respondent :Mr.P.Kannithevan, Govt. Advocate (Crl.side) O R D E R Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side). 2. The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 and 342 I.P.C. and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.94 of 2007 on the file of the respondent police, move this petition seeking direction to the learned Principal District Judge, Sivagangai District, to accept the surrender of the petitioner and consider his bail application on the same day on merits. 3.The the learned Government Advocate (Crl.side) would submit that absconding charge sheet has been filed and also non-bailable warrant was issued against the petitioner. 4. Perused the records. 5.The offences complained of, other than the offence under the Special enactment, per se are not so serious in nature warranting initial detention in jail, even before considering the bail applications. 6.Therefore, the learned Principal District Judge Sivagangai, is directed to accept the surrender of the petitioner and consider his application for re-calling the non bailable warrant, on the very same day, purely on the basis of merits and to pass suitable orders, in the event of petitioner appearing before the lower court, within 15 days from today and on his filing of appropriate petition. Accordingly, this petition is ordered. SD DEPUTY REGISTRAR ( Writs ) /TRUE COPY/ gsr ASST REGISTRAR To 1.The Principal District Judge, Sivagangai. 2.The Inspector of Police, Thiruppachetti Police Station, Sivagangai DT. 3.The Addl Public Prosecutor,Madurai Bench of the Madras High Court, Madurai. DM::2011:DECEMBER:19:: Crl.O.P.(MD).No.16215 of 2011 1P:4C:: 13.12.2011 https://hcservices.ecourts.gov.in/hcservices/