1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16538 of 2011 Salesh ... Petitioner Vs. The Sub Inspector of Police Arumanai Police Station Kanyakumari District, in crime No.350 of 2009 ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate Court No.1, Kuzhithurai to recall the non-bailable arrest warrant issued in C.C.No.149 of 2010, on 13.11.2010 against the petitioner. For Petitioner :Mr.R.Vijayakumar For Respondents :Mr.P.Kannithevan, Govt. Advocate (Crl. Side) for R1 O R D E R This petition has been filed to direct the Judicial Magistrate Court No.1, Kuzhithurai to recall the non-bailable arrest warrant issued in C.C.No.149 of 2010, on 13.11.2010 against the petitioner. 2.Heard Mr.R.Vijayakumar learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondent. 3.The learned counsel appearing for the petitioner would submit the petitioner apprehends arrest at the hands of the respondent police, pursuant to the non bailable warrant issued by the learned Judicial Magistrate No.1, on 13.11.2010 in connected with the case in C.C.No.149 of 2010 pending before the said Court. 4.The learned counsel appearing for the petitioner would submit that the petitioner has already obtained bail and on 13.11.2010, he could not appear before the said Court for hearing and hence, the learned Judicial Magistrate No.1, Kuzhithurai, has issued non bailable warrant and hence, he has come forward with the petition for the relief stated earlier. 5.The learned Government Advocate (criminal side) would submit in his argument that the respondent would obey the order passed by this Court. 6.Considering the facts and circumstances of the case, I could see that the petitioner has already been granted bail and he has appeared before the said Court for all the hearings and only on 13.11.2010, he could not appear before the Court and hence, a non bailable warrant was issued against the petitioner. Therefore, I am of the view that since the petitioner has already obtained bail, I direct the petitioner to https://hcservices.ecourts.gov.in/hcservices/ 2 surrender before the learned Judicial Magistrate within a period of 15 days from the date of receipt of a copy of this order and it is for the said Court to consider the application for cancellation of non bailable warrant filed by the petitioner and to pass orders on merits on the same day. 7.With the aforesaid direction, this criminal original petition is ordered accordingly. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar TO 1.The Sub Inspector of Police Arumanai Police Station Kanyakumari District. 2.The Judicial Magistrate No.1, Kuzhithurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul SR : 28.12.2011 : 2p/4c Crl.O.P.(MD) No.16538 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/