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Madras High CourtCRL RC/282/2017allowed

Manikandaprabhu, Aged 20 Years v. The State Rep. By Its

2017-03-03Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.282 of 2017 and Crl.M.P.No.2842 of 2017 1.Manikandaprabhu 2.Ponnusamy ... Petitioners/Accused No.2 Vs.

The State rep. By Deputy Superintendent of Police, Udumalpet Sub-Division, Tiruppur District.

... Respondent /Complainant Criminal Revision filed under Section 397 r/w 401 Cr.P.C. to quash the bail cancellation order of the Principal Sessions Judge, Tiruppur in Cr.M.P.No.1347 of 2016 in Cr.M.P.No.1115 of 2016 dated 01.12.2016.

For Petitioners:

Mr.T.Ganesan For Respondent :

Mr.M.Mohamed Riyaz, Govt. Advocate (Crl. Side)

ORDER

This revision challenges the cancellation of bail granted to the petitioners effected under order of the learned Principal Sessions Judge, Tiruppur passed in Cr.M.P.No.1347 of 2016 in Cr.M.P.No.1115 of 2016 on 01.12.2016.

2.Heard the learned counsel for petitioners and the learned Government Advocate (Crl. Side) for respondent. https://hcservices.ecourts.gov.in/hcservices/

3.This Revision is allowed on the sole ground that in considering cancellation of bail, the Court below has not caused notice to the petitioners/accused and afforded them an opportunity to challenge the same. Crl.M.P.No.1347 of 2016 is remitted to Court below for consideration afresh. This Court would observe that Courts should go slow in cancelling orders of bail since considerations for grant of bail and considerations for cancellation thereof totally are different. Court below should consider the possibility of affording accused an opportunity to comply with the order of bail earlier made by it. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Udumalpet Sub-Division, Tiruppur District.

2.The Principal Sessions Judge, Tiruppur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Ganesan, Advocate SR.No.13877 Crl.R.C.No.282 of 2017 SDR 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/