Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 3904 (MAD)

Karuppiah @ Chinnathambi v. Inspector of Police, Embal Police Station, Avudaiyarkoil Taluk, Pudukottai District

2014-10-17

P.DEVADASS

body2014
Judgment : 1. This petition has been filed under 482 Cr.P.C. for a direction to the learned Judicial Magistrate, Thirumayam, Pudukkottai District to facilitate carrying out of the direction of this Court already issued in Crl.O.P.(MD) No.4216 of 2011 dated 09.04.2011. 2. Heard both sides. 3. In this case, the petitioner is the sole accused. He is alleged to have committed an offence under Section 376 I.P.C. During the F.I.R. stage, he was granted bail. He was on Sessions Bail. In the meanwhile, the investigation has been completed and Final Report has been filed and the committal Court also took cognizance in P.R.C.No.7 of 2002. 4. Petitioner seems to have forgotten the Court but not the Court. Under the circumstances, the Court issued NBW as against him. 5. At this juncture, he approached this Court for recalling of the NBW and as stated supra, in Crl.O.P.(MD) No.4216 of 2011 order has been passed by this Court enabling him to surrender and the learned Magistrate also has been directed to decide his recall petition on the same day itself. 6. Now, everything is good, but according to the learned counsel for the petitioner, since the Magistrate insisted upon the physical presence of the accused, petitioner got frightened. Under the circumstances, he seeks a suitable direction from this Court. 7. The learned counsel for the petitioner would submit that for recalling the NBW, it has been held that the very physical presence of the accused need not be insisted upon. The learned counsel also would submit that the police personnel are hoovering around the Court premises for the accused/ petitioner. Therefore, there is every likelihood that if he goes there, there is possibility he being frisked away by the police under NBW. 8. The arguments of the learned counsel for the petitioner are anxiously considered and are accepted. 9. In the circumstances, the learned Judicial Magistrate, Thirumayam need not insist upon the very physical presence of the accused/petitioner for the purpose of recalling the NBW. Further, the learned Judicial Magistrate, Thirumayam will pass orders in the recall petition on the same day as already directed by this Court in Crl.O.P.(MD) No.4216 of 2011 on 09.04.2011. 10. With this direction, this Criminal Original Petition is disposed of.