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Madras High CourtCRL OP/3130/2013dismissed as infructuous

Iyyanar @ Silambu v. The Insector Of Police

2017-07-04Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2017

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P No.3130 of 2013 and M.P.No.1 of 2013 1.Iyyanar @ Silambu 2.Boopalan 3.Banza @ Mariyappan ... Petitioners Vs State rep by The Inspector of Police, Nettapakkam Police Station, Pondicherry. (Crime No.12 of 2012) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Crl.P.C., to set aside the interlocutory order passed in Cr.M.P.No.590 of 2012, in Cr.M.P.No.225 of 2012, on the file of learned Principal Sessions Judge, Puducherry. For Petitioners : No appearance For Respondent : Mr.A.Tamilvannan Government Advocate (Pondy)

ORDER

This Criminal Original Petition is filed to set aside the interlocutory order passed by the learned Principal Sessions Judge, Puducherry, in Crl.M.P.No.590 of 2012, in Crl.M.P.No.225 of 2012.

2. The petitioners herein are arrayed as A.1, A.2 and A.3 in Crime No.12 of 2012 on the file of the Nettapakkam police station, Puducherry, for the alleged offence under Section 25(1B) (b) of Arms Act r/w. 34 of IPC. Pending investigation, the learned Sessions Judge, Puducherry, granted bail to the accused in Crl.M.P.No.225 of 2012 on 09.02.2012 with conditions. Subsequently, a report has been filed by the Station House Officer, Dindigul West P.S. stating that the terms and conditions of the bail order were not complied with and hence, the State has moved a petition in Crl.M.P.No.590 of 2012 for cancellation of bail and after following the procedure, the learned Sessions Judge, by an order dated 25.07.2012, cancelled https://hcservices.ecourts.gov.in/hcservices/

the bail granted in Crl.M.P.No.225 of 2012. As against the same, the present criminal original petition is filed.

3. Today when the matter is taken up for hearing, there was no representation on behalf of the petitioners.

4. The learned Government Advocate, Pondicherry, submitted that in this case, after completing the investigation, charge sheet has been laid and it was taken cognizance by the learned Judicial Magistrate No.I, Pondicherry, in C.C.No.247 of 2012. After trial, the matter ended in acquittal and judgment was pronounced on 29.02.2016.

5. The said submission of the learned Government Advocate is recorded. In view of the said submission made by the learned Government Advocate, Pondicherry, this Court is of the considered view that this Criminal Original Petition has become infructuous.

6. Accordingly, this Criminal Original petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar jrl/gsk To

1. The Principal Sessions Judge, Puducherry.

2. The Judicial Magistrate No.I, Puducherry.

3. The Inspector of Police, Nettapakkam Police Station, Pondicherry.

+1cc to the Government Pleader, Sr. 46341 Crl.OP No.3130 of 2013 AR(IV) VR(14/07/2017) https://hcservices.ecourts.gov.in/hcservices/