G.Kalaimannan v. State Rep By (Vigilance And Anti Corruption)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HON'BLE MR.JUSTICE VIVEK KUMAR SINGH G.Kalaimannan ... Petitioner Vs.

State rep by The Inspector of Police, V & AC, Thiruvallur.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, praying to call for the records in Crl.M.P.No.18397 of 2023 dated 06.02.2024 on the file of the Chief Judicial Magistrate, Thiruvallur, and set aside the same. For Petitioner : M/s.Selvi George For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed seeking to call for the records in Crl.M.P.No.18397 of 2023 dated 06.02.2024 on the file of the learned Chief Judicial Magistrate, Thiruvallur and to set aside the same. 1/4

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.

3. The petitioner/A1 in Crime No.3/Ac/2023/TVL was earlier granted bail by the learned Chief Judicial Magistrate, Thiruvallur in Crl.M.P.No.2562 of 2023 on 24.03.2023. Thereafter, the respondent /Inspector of Police, Vigilance and Anti Corruption, Kanchipuram, has filed Crl.M.P.No.18397 of 2023 seeking cancellation of bail which was already granted to A1/ petitioner herein. On 06.02.2024, the learned Chief Judicial Magistrate, Thiruvallur, had cancelled the bail holding that the accused had tampered the documents by using his earlier official position. Against which, the petitioner has filed this petition.

4.The learned counsel for the petitioner submitted that the petitioner did not tamper any documents. The petitioner has duly complied with the conditions as imposed by the learned Magistrate. He further submitted that the petitioner is ready to appear before the trial Court regularly and seeks to set aside the order passed by the learned Chief Judicial Magistrate, Thiruvallur, in 2/4

Crl.M.P.No.18397 of 2023 dated 06.02.2024.

5.The learned Government Advocate (crl.side) appearing for the respondent submitted that the investigation has been completed and final report is yet to be filed by the respondent after obtaining sanction order. 6.In view of the submissions of the learned counsel for the petitioner and the learned Government Advocate (crl.side), this Criminal Original Petition is disposed of and the order passed by the learned Chief Judicial Magistrate, Thiruvallur, in Crl.M.P.No.18397 of 2023 dated 06.02.2024, is set aside. However, the petitioner shall appear before the Chief Judicial Magistrate, Thiruvallur, once in a week, at 10.30 a.m., till filing of the final report. 07.06.2024 Index : Yes / No Speaking / Non-speaking vkr 3/4

VIVEK KUMAR SINGH, J.

vkr To

1. The Inspector of Police, V & AC, Thiruvallur.

2.The Chief Judicial Magistrate, Thiruvallur. 3.The Public Prosecutor, High Court of Madras. 07.06.2024 4/4