1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.283 of 2011 Krishnamoorthy ...Petitioner/Accused Vs State rep. by The Inspector of Police Lalapettai Karur District Crime No.368/2009 ... Respondent/COmplainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order dated 20.12.2010, passed by the learned Judicial Magistrate No.I, Kulithalai, in C.M.P.No. 3664 of 2010. *** For Petitioner : Mr.S.Deenadhayalan For Respondent : Tmt. Devasena Government Advocate O R D E R This Petition has been filed by the petitioner seeking to set aside the order, dated 20.12.2010, passed by the learned Judicial Magistrate No.I, Kulithalai, in C.M.P.No. 3664 of 2010. 2. Heard Mr.S.Deenadhayalan, learned counsel appearing for the petitioner and Tmt. Devasena, learned Government Advocate (Crl. Side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner has filed an application for recalling the Non-Bailable Warrant on the point of issuance of NBW itself is not sustainable, but the learned Judicial Magistrate has passed an order that the petitioner has suppressed certain facts about his address and he is not surrendered before the said Court and therefore, the said application was dismissed, on 20.12.2010. He would draw the attention of this Court that the petitioner/A-2 was not served with summons and for want of service of summons, despite the summons have not been served, the Lower Court has issued Non- Bailable Warrant. He would further submit in his argument that he is ready to participate in the trial if permitted and the Non-Bailable Warrant issued by the Lower Court is ordered to be cancelled. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate would submit in her argument that the learned Judicial Magistrate has correctly passed an order knowing the attitude of the petitioner to surrender before the said Court. She further submit in her argument that even though the petitioner was granted bail on an earlier occasion, he should have informed about the present address when the case has been pending against him. She would also submit that the non-furnishing of correct particulars would lead to the issuance of the Non-bailable Warrant and therefore, suitable orders may be issued in the circumstances of the case. 5. I have given anxious consideration to the arguments advanced on either side. 6. The un-disputed facts are that the petitioner is ranked as A-2 in the said case and he was granted bail and he had shifted his residence from Pillapalayam to Bangalore towards his avocation and he has not informed the same to the police. In view of the non-service of summons against him, a non-bailable warrant has been issued and the petitioner has applied for cancellation of Non-bailable warrant without surrendering himself before the said Court and the said Court had refused to cancel the Non-bailable warrant already issued. 7. In the said circumstances, this Court could understand that the petitioner is now willing to participate in the trial. It is no doubt true that the petitioner has come forward with a plea that he is ready to participate and proceed with the case and to have an expeditious disposal of the case. 8. In the said circumstances, the petitioner, while seeking for the cancellation of Non-Bailable Warrant issued against him should have surrendered before the said Court in order to get the discretion of the said Court, but he did not prefer to surrender before the said Court, but has questioned the issuance of Non-bailable warrant. 9. On seeing the over all circumstaces, this Court is inclined to permit the petitioner to participate in the trial by cancelling the Non-bailable warrant. Therefore, the petitioner is permitted to surrender before the said Court, namely, the learned Judicial Magistrate No.I, Kulithalai, to seek for cancellation of Non-bailable warrant, within a period of 10 days from the date of receipt of a copy of this order. On such surrender of the petitioner and on filing a Petition for cancellation of Non-bailable warrant, the Court below, namely, the learned Judicial Magistrate No.I, Kulithalai, is directed to consider the said plea of the petitioner to cancel the Non- bailable warrant and to pass orders on the same day in order to permit the petitioner to participate in the trial. 10. With the aforesaid observation, this Petition is allowed by setting aside the order dated 20.12.2010, passed by https://hcservices.ecourts.gov.in/hcservices/ 3 the learned Judicial Magistrate No.I, Kulithalai, in C.M.P.No. 3664 of 2010. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To 1. The learned Judicial Magistrate No.I Kulithalai 2. The Inspector of Police Lalapettai Karur District 3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai vsg rl/4c – 20.01.2011 Crl.O.P.(MD).No.283 of 2011 11.01.2011 https://hcservices.ecourts.gov.in/hcservices/