K.Selvakumar vs State Rep.By
2022 Latest Caselaw 150 Mad

                                                                              Crl.O.P.No.25966 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.01.2022

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.25966 of 2021

                     K.Selvakumar                                               ... Petitioner

                                                           Versus

                     1.State rep.by
                       The Inspector of Police
                       T3 Korattur Police Station
                       Korattur Chennai
                       (C.C.No.598 of 2018)

                     2.Rengasamy                                                ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the Judicial Magistrate Fast Track Court,
                     Ambattur, to recall the Non-Bailable Warrant issued in C.C.No.598 of
                     2018 dated 27.04.2021.



                                      For Petitioner   : Mr.M.K.Bhoopathy Rajan

                                      For Respondent   : Mr.Raj Thilak for R1
                                                         Additional Public Prosecutor

                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.25966 of 2021




                                                         ORDER

This petition has been filed to direct the Judicial Magistrate

Fast Track Court, Ambattur, to recall the Non-Bailable Warrant issued in

C.C.No.598 of 2018 dated 27.04.2021.

2. The grievance of the petitioner is that the first respondent

is threatening the petitioner and harassing him, based on the Non-

Bailable Warrant issued in C.C.No.598 of 2018 on 27.04.2021 by the

Judicial Magistrate, Fast Track Court, Ambattur. He further submitted

that despite the petitioner settled the cheque amount/due amount to the

second respondent by way of Demand Draft in D.D.No.502904, Bank of

Baroda, Kodambakkam Branch, dated 20.09.2021, the petitioner also

sent a legal notice dated 04.12.2021 to the first respondent informing the

settlement between the petitioner and the second respondent, the

petitioner is facing threat of harassment by execution of the Non-Bailable

Warrant against him.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25966 of 2021

3. The learned Additional Public Prosecutor produced a

copy of the petition filed by the complainant before the trial Court and the

communication of the Judicial Magistrate, Fast Track Court, Ambattur, to

the Inspector of Police, T3, Korattur Police Station in Dis.No.437 of 2021

dated 29.12.2021, directing the Inspector of Police, Korattur Police

Station to execute the Non-Bailable Warrant, and give explanation under

Section 44 of the Tamil Nadu District Police Act, 1859. From the petition

filed by the complainant in C.C.No.598 of 2018, it is seen that on

completion of trial, the trial Court by the judgment dated 27.04.2021

convicted the petitioner and sentenced him to 8 months Simple

Imprisonment and directed the petitioner to pay a sum of Rs.2,30,000/- as

compensation under Section 357 (3) Cr.P.C. The petitioner failed to

comply with the orders of the trial Court. Further, no suspension of

sentence ordered by the Appellate Court. On the other hand, the petitioner

filed a memo with false averments along with fabricated documents

(compromise deed) as though the matter has been settled between the

petitioner and the complainant on 07.12.2021, and caused offences of

perjury and contempt of Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25966 of 2021

4. At this stage, the learned counsel for the petitioner

submits that he had filed an appeal before the Principal District and

Sessions Judge, Tiruvallur in C.A.SR.No.1781 of 2021. In the appeal, he

had filed Crl.M.P.No.4397 of 2021 seeking condonation of delay of 55

days. He had also filed suspension of sentence petition which is yet to be

numbered, the case is posted to 12.01.2022. On that day, he would

appear before the Sessions Court, pursue the appeal and other

miscellaneous petitions, the apprehension is that, due to the pendency of

the Non-Bailable Warrant, he would be arrested.

5. This Court finds that Non-Bailable Warrant is issued for a

bailable offence. In view of the same, if the petitioner is ready to comply

with the conditions, and to produce the surety, bail ought to be granted.

In view of the same, the petitioner shall appear before the concerned

Judicial Magistrate, file a petition to recall the Non-Bailable

Warrant/execute a bond and thereafter, to appear before the Sessions

Court on 12.01.2022 and further pursue appeal and connected

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25966 of 2021

Miscellaneous Petitions. The Sessions Court to consider and to pass

orders on its own merits.

6. Accordingly, this Criminal Original Petition is dismissed.

                                                                                         04.01.2022

                     Index            : Yes/No
                     Internet         : Yes/No
                     dna


                     To

1.The Principal District and Sessions Judge, Tiruvallur.

2.The Judicial Magistrate, Fast Track Court, Ambattur.

3.The Inspector of Police T3 Korattur Police Station Korattur Chennai (C.C.No.598 of 2018)

4.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25966 of 2021

M.NIRMAL KUMAR, J.

dna

Crl.O.P.No.25966 of 2021

04.01.2022

https://www.mhc.tn.gov.in/judis