B SWAMINATHAN Vs. STATE

JUDGEMENT

(1.) ADMIT. Mr. Babu Muthu Meeran, learned Additional Public Prosecutor takes notice for the respondent. With the consent of the learned counsel on either side, the Criminal Original Petition itself is taken up for disposal.

(2.) THE respondent herein filed a charge sheet against the petitioner before the learned Special Judge cum Chief Judicial Magistrate, Coimbatore for the alleged offences under Section 13(2) read with 13(1)(c) of Prevention of Corruption Act. THE charge sheet was filed before the said Court on 12.6.2008. THE respondent had requested for issuance of process against the petitioner, since he had not been arrested pending investigation.

(3.) THE learned counsel for the petitioner further that though it is not stated by the investigating officer in the charge sheet that the petitioner was absconding, yet the learned Judge has stated in the order that considering the seriousness of the offence, the petitioner has not been granted bail earlier, it was necessary to issue Non-bailable Warrant, and on that ground the learned Special Judge refused to recall the warrant. THE aforesaid reasoning of the learned Judge, according to the learned counsel for the petitioner, is against the well settled principles of law.