L VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners, who are accused in C.C. No.212 of 2004 taken on file by Judicial Magistrate No.V. Salem District, for offences u/s.419. 420. 468, 471 and 109 IPC, challenge the order dated 23.09.2004 in any (sic) by which they were declared as proclaimed offenders.

(2.) It is seen that the petitioners, who were taken as accused in Cr.No.2 of 2003 on the file of the respondent police, were absconding, at the time of investigation and the learned Magistrate, after taking the case on file on 24.03.2004. issued Non-Bailable Warrant on 25,03.2004 and it was sent to the respondent police for execution. The respondent police made all possible efforts to apprehend the petitioners but in vain, whereupon, enclosing a detailed report submitted to the Commissioner of Police, Salem City, a requisition was made on 27.04.2004 by the respondent to the trial court by preferring a petition to declare the petitioners as 'proclaimed offenders' and by order dated 23.09.2004, the trial court passed the following order,

(3.) Learned counsel for the petitioners, by referring to Section 82 of the Code of Criminal Procedure,