1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.8.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.11375 of 2011 G.Mayilsamy : Petitioner Vs. 1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District. 2.The State rep.by The Inspector of Police, Budalur Police Station, Thanjavur District. : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the learned Judicial Magistrate, Thiruvaiyaru to accept the surrender of the petitioner and recall the warrant issued against the petitioner on 21.01.2011 on the same day on merits in relating to P.R.C.No.14 of 2009 pending on the file of the learned Judicial Magistrate, Thiruvaiyaru. For Petitioner :Mr.G.Karnan For Respondent :Mr.K.V.Rajarajan Government Advocate (Criminal Side) ORDER Heard both sides. 2. The petitioner, who apprehends arrest for the offences punishable under Sections 294(b) and 355 IPC and read with Section 3 (1)(x) of SC & ST Act, in Crime No.223 of 2008 on the file of the respondent police, moves this petition seeking a direction to the learned Judicial Magistrate, Thiruvaiyaru,to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.223 of 2008. 3. Perused the records. 4.The learned Counsel appearing for the petitioner would submit that due to illness the petitioner was unable to appear before the Court and hence the Non-bailable warrant has been issued on 21.01.2011 against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the rival submissions made by both sides the petitioner was already enlarged on bail and the charge sheet has been filed in PRC.No.14 of 2009 and because of non-appearance of the petitioner on 21.01.2011 a Non-Bailable Warrant has been issued and hence I direct the petitioner to surrender before the learned (*)Judicial Magistrate, Thiruvaiyaru and the learned (*)Judicial Magistrate, Thiruvaiyaru is directed to accept the surrender of the petitioner and recall the warrant issued on 21.01.2011 and consider his bail application on the same day purely on the basis of merits and in accordance with law. Accordingly, this petition is disposed of. Sd/- Assistant Registrar(AE) (*)Amended as per order of this Court dated 08.09.2011 /True Copy/ Sub Assistant Registrar To (*)To be substituted to the order already despatched on 26.08.2011 1.The I Addl.District Judge (PCR Court), Thanjavur 2.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District. 3.The Inspector of Police, Budalur Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gsr ssk/15.09.2011 /5c -2p/- CRL.O.P.(MD).No.11375 of 2011 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/