D S RAJAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is preferred to call for the entire records pertaining to the order with regard to the issuance of non-bailable warrant as against the petitioners, passed by the learned Judicial Magistrate No. II, Usilampatti, Madurai District in C.C. No. 73 of 2011 on 18.07.2011 and set aside the same.

(2.) The Petitioners are the accused 1 to 5 in Crime No. 91 of 2009, on the file of the Respondent police. The Respondent police, after investigation, filed a charge-sheet against them under Section 147, 924(b) and 506(II) of Indian Penal Code. The learned Judicial Magistrate, Usilampatti, took the case on file in C.C. No. 73 of 2011 and issued Non-Bailable Warrant to A1 to A5. This is the order which is challenged before this Court. The following is the said order:

(3.) Mr. R. Anand, the Learned Counsel appearing for the Petitioners would contend that as mandated by Section 87 of Code of Criminal Procedure. without recording the reasons for the issuance of Non-Bailable Warrant, the Court cannot issue non-bailable warrant directly to the accused and hence, the order is not sustainable.