Mohammed Noorudeen v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.15911 of 2021 Mohammed Noorudeen

...Petitioner / Intervener /

Defacto Complainant vs.

1. The State By Sub-Inspector of Police J5, Sastri Nagar Police Station, Saidapet, Chennai - 600 015.

...1st Respondent / Respondent / Complainant

2. Nagaraj ...2nd Respondent / Petitioner / A1 PRAYER: Criminal Original Petition is filed under Section 439

(2) of Cr.P.C., to cancel the bail order in Crl.M.P.No.6751 of 2021 dated 10.08.2021 on the file of the Learned IX Metropolitan Magistrate Saidapet, Chennai.

For Petitioner : Mr.Srinivasan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Petition is filed for cancellation of bail Learned IX Metropolitan Magistrate Saidapet, Chennai in Crl.M.P.No.6751 of 2021 dated 10.08.2021 submitted that the private respondent implicated under Section 109,120-B, 420 and 409 of IPC sought for on the ground that the condition imposed by the Sessions Court namely to appear before the respondent police station at 10.30 a.m., and 5.00 p.m., until further orders.

2. The learned Counsel appearing for the petitioner submits that the notice was issued to the the respondents and further submitted that the partitioner has not complied with the conditions imposed by the Learned IX Metropolitan Magistrate Saidapet, Chennai in Crl.M.P.No.6751 of 2021 dated 10.08.2021 and there are eight previous cases similar in nature are pending https://hcservices.ecourts.gov.in/hcservices/

against the second respondent. Hence he pray for grant of cancellation of bail to the 2nd respondent.

3. The learned Additional Public Prosecutor on instructions submitted that the second respondent appeared before the respondent police from 16.08.2021 to 02.09.2021 and thereafter he has not complied with the conditions.

4.Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent and perused the materials placed on record.

5.Considering the facts and Circumstances of the case and also considering that there are eight previous cases pending as against the 2nd respondent and further he did not not complied with the conditions imposed by the Sessions Court, this Court is inclined to cancel the bail granted to the 2nd respondent.

6. Hence, bail granted to the 2nd respondent is cancelled and hence this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar Sma To

1. The IX Metropolitan Magistrate Saidapet, Chennai

2. The Sub-Inspector of Police J5, Sastri Nagar Police Station, Saidapet, Chennai - 600 015.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15911 of 2021 BP[co] NSK 28/12/2021 https://hcservices.ecourts.gov.in/hcservices/