116 CriLJ 1309: (2010) 3 MLJ(Criminal) 272 : (2010) 5 RCR(Criminal) 45 MADRAS HIGH COURT SINGLE BENCH ( Before : R. Regupathi, J ) L. VIJAYAKUMAR AND ANOTHER — Appellant Vs. STATE — Respondent

    GOOD DAY
    (2010) 116 CriLJ 1309: (2010) 3 MLJ(Criminal) 272 : (2010) 5 RCR(Criminal) 45
    MADRAS HIGH COURT
    SINGLE BENCH
    ( Before : R. Regupathi, J )
    L. VIJAYAKUMAR AND ANOTHER — Appellant
    Vs.
    STATE — Respondent
    Criminal O.P. No. 1392 of 2009 and M.P. No. 1 of 2009
    Decided on : 05-10-2009
     Criminal Procedure Code, 1973 (CrPC) – Section 82
     Penal Code, 1860 (IPC) – Section 100, Section 109, Section 417, Section 419, Section
    420, Section 468, Section 471
    Counsel for Appearing Parties
    K.P.S. Palanivelrajan, for the Appellant; N.R. Elango, Addl. P.P., for the Respondent
    ORDER
    R. Regupathi, J.—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,
    Whereas complaint has been made before me that I.L. Vijayakumar S/o. Laxmanan
    2.L. Bharni Kumar, S/o. Laxmanan, Sivaya Nagar, Salem. 16 has committed the offered
    of (sic. for, offences) punishable under Sections 420, 419, 468, 471, 417, 420, 471 r/w.
    100 of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon
    issued that the said I.L. Vijayakumar, 2. L. Bharani Kumar, Central Crime Branch
    cannot be found, and whereas it has been shown to my satisfaction that the said l.
    Vijayakumar, 2. Bharani Kumar has absconded.
    Proclamation is hereby made that the said A1, A2, C.C.B. Salem is required to appear
    at (sic) before this Court to answer the said complaint on the day of 19.10.2004.
    Dated this 23.9.2004
    Sd/-
    23.9.04
    Judicial Magistrate
    No. V, Salem.
    The petitioners, aggrieved by such order of the trial court, have filed the present
    petition.
    3. Learned Counsel for the petitioners, by referring to Section 82 of the Code of
    Criminal Procedure,
    82. Proclamation for person absconding.-(1) If any Court has reason to believe
    (whether after taking evidence or not) that any person against whom a warrant has been
    issued by it has absconded or is concealing himself so that such warrant cannot be

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