Manish @ Manish Tak v. State Rep.By

In the High Court of Judicature at Madras Dated : 11.1.2024 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.10717 of 2023 Manish (a) Manish Tak

...Petitioner

Vs State rep.by Inspector of Police, Sirkali Police Station, Nagapattinam District.

...Respondent

PETITION under Section 482 of the Criminal Procedure Code praying to set aside the order passed in Crl.M.P.No.134 of 2023 dated 14.2.2023 and grant bail to the petitioner relating to S.C.No.168 of 2021 on the file of the Additional District Court, Mayiladuthurai. For Petitioner :

Mr.R.Raghul For Respondent :

Mr.A.Gopinath, GA (Crl.Side)

ORDER

This is a petition filed by the petitioner challenging the order dated 14.2.2023 in Crl.M.P.No.134 of 2023 in S.C.No.168 of 2021 on 1/4

the file of the Additional District Court, Mayiladuthurai allowing the petition filed by the prosecution to cancel the bail granted in favour of the petitioner in Crl.M.P.No.976 of 2022 dated 02.1.2023.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The Court below cancelled the bail granted in favour of the petitioner only on the ground that the petitioner was involved in a double murder case and that he started threatening the witnesses in the case. The Court below wanted a fair trial to be conducted and hence, considering the conduct of the petitioner, the bail was cancelled.

4. It is brought to the notice of this Court that a separate first information report has been registered for threatening the witnesses in Crime No.48 of 2023, that the investigation was completed, that a final report was filed before the Judicial Magistrate, Sirkali and that the same has been taken on file as C.C.No.54 of 2023. In this case, out of nine witnesses, five witnesses have already been examined. 2/4

5. In so far as the main case in S.C.No.168 of 2021 is concerned, out of 49 witnesses, 13 witnesses have already been examined. That apart, the petitioner is now confined at Nagapattinam District Jail. This Court does not find any illegality or infirmity in the order passed by the Court below and the order impugned does not require any interference of this Court.

6. Accordingly, the above criminal original petition is dismissed. Considering the fact that the petitioner is now inside the jail, there shall be a direction to the learned Additional District Judge, Mayiladuthurai to dispose of S.C.No.168 of 2021 within four months from the date of receipt of a copy of this order. Similarly, the case now pending in C.C.No.54 of 2023 on the file of the learned Judicial Magistrate, Sirkali shall also be disposed of within three months from the date of receipt of a copy of this order.

11.1.2024 RS 3/4

N.ANAND VENKATESH,J RS To 1.The Additional District Court, Mayiladuthurai.

2.The Judicial Magistrate, Sirkali.

3.The Inspector of Police, Sirkali Police Station, Nagapattinam District.

4.The Public Prosecutor, High Court, Madras.

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