ARUL RAJA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition is filed to direct the First Respondent to execute the Warrant issued against the Second Respondent on 10/3/2023 in C.C. No.196/2013 on file of learned Judicial Magistrate, Fast Track Court (ML), Thoothukudi.

(2.) The learned Additional Public Prosecutor submits that in most of the cases, the Accused persons after getting Bail were attending the Court proceedings. But some time, they did not co-operate with the Trial proceedings, for which Warrant has to be issued. Thereafter, they come to the Court and filed Petitions to re-call the Warrant. Due to this attitude of the Accused, most of the trial is pending before the Trial Court. If the Court takes stringent action against the Accused, who are free away from the Court proceedings, they can very well invoke Sec. 82 of Cr.P.C. Once they invoke the provisions of Cr.P.C., they declared as Proclaimed offender. They cannot move once again the Bail Application without challenging the said Order.

(3.) The learned Additional Public Prosecutor in support of his contention invited the attention of this Court to the Judgment of the Hon'ble Supreme Court in the case of Prem Shankar Prasad v. State of Bihar and another, 2021 SCC Online SC 955, wherein it had been held as under: