Ismail v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.02.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR CRL.A.No.8 & 33/2019 Crl.A.No.8/2019 1.Ismail 2.Samsudeen 3.Salavudeen 4.Jafar Sadiq Ali ..Appellants / A2 to A5

Versus

The State rep.by The Assistant Commissioner of Police Law and Order [West], Coimbatore City.

[Now investigate by the DSP National Investigation Agency, Kochi. RC.No.33/2018/NIA/DLI] ..Respondent / Complainant Prayer:- Appeal filed under section 21 of the NIA Act, to call for the records in order dated 29.11.2018 in Crl.MP.No.3658/2018 in Cr.No.977/2018 passed by the learned Principal District and Sessions Court, Coimbatore [now pending in FIR No.RC.33/2018/NIA/DLI before the Special Court for NIA Cases, Poonamallee, Chennai] and quash the same.

Crl.A.No33/2019 1.Ashiq 2.Ismail 3.Samsudeen 4.Salavudeen 5.Jafar Sadiq Ali 6.Fysal Rahman @ Auto Fizal 7.Shahul Hammed @ Anwar @ Annu ..Appellants/ Accused

Versus

Union of India rep.by The Deputy Superintendent of Police National Investigation Agency, Kochi [RC.No.33/2018/NIA/DLI] ..Respondent/ Complainant

Prayer:- Appeal filed under section 21 of the NIA Act, to call for the records in order dated 04.01.2019 in Crl.MP.No.562/2018 in FIR No.RC-33/2018/NIA/DLI passed by the Special Court for NIA Cases, Poonamallee, Chennai and set aside the same. For Appellants in both appeals :

Ms.S.Nadhiya For Respondent in both appeals :

Mr.R.Karthikeyan, Spl.PP for NIA Cases COMMON JUDGMENT [Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,] The present criminal appeals are preferred challenging the order of extension of remand of the appellants/A2 to A5 in Crl.A.No.8/2019 and grant of police custody of the appellants/A1 to A-7 in Crl.A.No.33/2019. It is brought to the knowledge of this Court by the learned counsel appearing for the appellants that the concerned appellants/accused have been enlarged on bail and therefore, nothing remains for further adjudication in these criminal appeals.

The Court heard the submissions of Mr.R.Karthikeyan, learned Special Public Prosecutor [NIA Cases]. In the light of the said development, the criminal appeals stand dismissed as infructuous.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To 1.The Special Court for NIA Cases Poonamallee, Chennai.

2.The Principal District and Sessions Judge Coimbatore.

3.The Special Public Prosecutor NIA Cases, High Court, Madras.

4.The Assistant Commissioner of Police, Law & order (West), Coimbatore City.

5.The Deputy Superintendent of Police, National Investigation Agency, Kochi.

Crl.A.Nos.8 & 33/2019 GP(CO) RRS(03/04/2019)