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Madras High CourtCRL RC/888/2024allowed

Dinesh @ Dineshkumar v. State Rep By

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and Crl.M.P.No.7627 of 2024 Dinesh @Dineshkumar

...Petitioner/Respondent

-vsState Represented by The Inspector of Police, Salavakkam Police Station, Kanchipuram District

...Respondent/Petitioner

(Crime No.307 of 2023) Prayer:- Criminal Revision Case filed under Section 397 r/w Section 401 of Cr.P.C., calling for the records of the order dated 30.10.2024 made in C.M.P. No. 134 of 2024 on the file of the Learned District Munsif Cum Judicial Magistrate, Uthiramerur, Kanchipuram district and set aside the same and pass such order or any other order and thus render justice. For Petitioner : Mr.D.Alexis Sudhakar For Respondent : Mr.L.Baskaran,

Government Advocate (Crl.Side)

ORDER

The Revision Petition has been filed challenging the order passed by the District Munsif cum Judicial Magistrate, Uthiramerur in C.M.P.No.134 of 2024 wherein, the bail granted to the petitioner had been cancelled.

2. The learned counsel for the petitioner submitted that the petitioner had not been put on notice before cancellation of bail.

3. On perusal of the order, it is clearly indicated that the Court below had only heard the learned Assistant Public Prosecutor and no notice seems to have been ordered on the petitioner/ accused before cancelling the bail. On the sole ground alone, the order impugned dated 30.04.2024 passed in C.M.P. No. 134 of 2024 on the file of the Learned District Munsif -cumJudicial Magistrate, Uthiramerur, Kanchipuram District is set aside and the same is remitted back to the file of the Learned District Munsif -cumJudicial Magistrate, Uthiramerur, Kanchipuram District, who in turn is directed to take up the C.M.P. No. 134 of 2024 and pass appropriate orders

thereon within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, this petition stands allowed. Consequently, the connected Miscellaneous Petition is closed.

08.05.2024 skr Speaking/Non-Speaking order Copy to

1. The District Munsif -cum- Judicial Magistrate, Uthiramerur, Kanchipuram District.

2. The Public Prosecutor, Madras High Court, Chennai - 600 104.

K.KUMARESH BABU, J.

skr 08.05.2024