S.Karthik @ Police Karthi v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6203 of 2025 Karthik @ Police Karthi ....
Petitioner Vs State rep. by Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
Crime No.413 of 2018.
....
Respondent Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed in Crl.M.P.No.7095 of 2024 by the Chief Judicial Magistrate, Tiruppur. For Petitioner : Mr.P.Babu For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed challenging the order 04.10.2024 passed in Crl.M.P.No.7095 of 2024 on the file of the Chief Judicial Magistrate, Tiruppur, thereby cancelling the bail granted by this Court in Crl.O.P.No.21788 of 2024 by an order dated 05.09.2024. 1/4
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is an accused in Crime No.366 of 2019 on the file of the respondent. Pursuant to the registration of the FIR, the petitioner was arrested and remanded to judicial custody on execution of the Non Bailable Warrant issued as against him on 25.06.2024. Thereafter, this Court granted bail to the petitioner in Crl.O.P.No.21755 of 2024 on 05.09.2024 on condition that the petitioner shall appear before the Trial Court on every working day at 10.30 a.m., until further orders. Subsequently, the said condition was modified by this Court by an order dated 04.10.2024 in Crl.M.P.No.13896 of 2024 in Crl.O.P.No.21788 of 2024 to the effect that the petitioner shall report before the Principal District and Sessions Judge, Coimbatore, on every working day at 10.30 a.m., until further orders.
Accordingly, the petitioner has complied with the condition. However, it was not brought to the notice of the Trial Court. As a result, the Trial Court cancelled the bail granted to the petitioner in the application filed by the respondent in Crl.M.P.No.7095 of 2024 on the ground that the petitioner failed to comply with the condition imposed by this Court and issued a NonBailable Warrant as against him.
4. In view of the above, the order 04.10.2024 passed in Crl.M.P.No.7095 of 2024 on the file of the Chief Judicial Magistrate, Tiruppur, cannot be sustained and is liable to be quashed. Accordingly, it is hereby quashed and the Criminal Original Petition is allowed. 05.03.2025 Lpp Index:Yes/No Internet:Yes/No To 1.Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
2. The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN,J.
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