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