IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.06.2008 CORAM: THE HONOURABLE MR. JUSTICE T.SUDANTHIRAM CRL.O.P.No.13496 of 2008 Sellarajamani .. Petitioner vs. State by The Inspector of Police, Mohanur Police Station, Namakkal District. .. Respondent Petition filed under Section 482 Cr.P.C. praying to direct the learned Judicial Magistrate No.I, Namakkal not to remand the petitioner during committal and accept the sureties, in P.R.C.No.3 of 2008. For Petitioner : Mr.T.Munirathnam Naidu For Respondent : Mr.N.Kumanan, GA(Crl.side). O R D E R
The learned counsel for the petitioner submits that the petitioner was not arrested pending investigation and after the final report, summons was issued to him by the learned Judicial Magistrate-I, Namakkal and that the petitioner had also appeared before the learned Judicial Magistrate-I, Namakkal and the case is to be committed to the Sessions Court. The petitioner apprehends remand at the time of committal of the case and therefore, seeks direction of this Court to the learned Judicial Magistrate-I, Namakkal.
T.SUDANTHIRAM, J.
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2. Considering the facts and circumstances, the learned Judicial Magistrate-I, Namakkal is directed to not to remand the petitioner, but to accept the sureties from the petitioner and thereafter, commit the case to the concerned Sessions Court.
3. This Criminal Original Petition is ordered accordingly.
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To
1. The Judicial Magistrate No.I,
Namakkal
2. The Inspector of Police,
Mohanur Police Station,
Namakkal District.
3. The Public Prosecutor,
High Court,
Chennai 600 104