Haidorillah v. Inspectore Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.07.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7512 of 2020 1.Haidlorillah ... Petitioners 2.Tis Atul Mukarromah 3.Nur Amin 4.Anita Kurniasih 5.Sukaliat 6.Tika 7.Abd Sahlan 8.Tumini Vs.
State rep. by its ... Respondent The Inspector of Police, Madurantakam Police Station, Kancheepuram District.
(Cr.No.218 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge them on bail with own bond on the file of the respondent police in Crime No.218 of 2020 on the file of the Madurantakam Police Station, Kancheepuram District. For Petitioners : Mr.K.M. Aasim Shehzad, BFS Legal For Respondent : Mr.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) This Court had granted interim bail to the petitioners on 12.05.2020 for a period of eight weeks and directed this matter to be listed today.
2. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) submitted that investigation has been completed and final report has been filed in Crime No.218 of 2020 for the offence under Sections 188, 269, 270 & 271 IPC r/w.51(1)(b) of National Disaster Management Act 2005 r/w.14 of Foreigners Act, 1946. He would further submit that the case has been taken up on
file by the Judicial Magistrate, Maduranthagam in C.C.No.69 of 2020 and the case has been posted for further hearing on 21.08.2020.
3. At this juncture, the learned counsel for the petitioner would submit that the petitioners were also arrayed as accused in a similar case registered by G2, Periyamedu Police Station, in Crime No.90 of 2020 in which, final report was filed and the case was taken up on file in C.C.No.2227 of 2020 for the offences under Section 188, 269, 270 & 271 IPC and 14b National Disaster Management Act 2005 and Section 34 IPC by the learned Metropolitan MagistrateII, Egmore. The petitioners appeared through video conference and they have pleaded guilty and the petitioners were sentenced for the period already undergone by them during remand and the trial court has also granted permission to leave the country.
He would submit that if bail is made absolute in the present case with a direction to the Judicial Magistrate, Madurantagam, to take up the case in C.C.No.69 of 2020 at the earliest, the petitioners are prepared to appear before the Magistrate through video conference and complete the case at the earliest so that they can get back to their country. 4.The learned Government Advocate (Crl.Side) would reiterate that the case stands posted on 21.08.2020 in C.C.No.69 of 2020.
5. In view of the same, the interim bail granted to the petitioners on 12.05.2020 is made absolute. The petitioners are at liberty to file appropriate petition before the concerned Court either in person or through video conference so as to complete the trial at the earliest. Any petition filed by the petitioners in C.C.No.69 of 2020, shall be duly considered by the learned Judicial Magistrate, Madurantakam, in accordance with law as expeditiously as possible.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 27/07/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE METROPOLITAN MAGISTRATE, NO.II, EGMORE.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION]
3 THE JUDICIAL MAGISTRATE, MADURANTAGAM.
4 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTORE OF POLICE MADURANTHAKAM POLICE STATION, KANCHIPURAM DISTRICT.
CC to M/S BFS LEGAL Advocate on payment of necessary charges CRL OP.7512/2020 Date :27/07/2020 TA-26/08/2020