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Madras High CourtCRL RC/1008/2023dismissed

M.Soundararajan v. State Rep.By

2023-06-26Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM M.Soundararajan ... Petitioner Vs.

The Deputy Superintendent of Police, Economic Offence Wing-HQRS, Ashok Nagar, Chennai - 600 083.

... Respondent Prayer: Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C to call for the entire records in connection with the Order passed in Crl.M.P.No.2056 of 2023 on 06.06.2023 by the learned Special Judge for TNPID Act, Chennai and set aside the same as illegal and consequently enlarge the petitioner on statutory bail under section 167 [2] Cr.P.C. in Crime No.21 of 2022 on the file of the respondent. For Petitioner : Mr.R.John Sathyan, Senior Counsel for Mr.R.S.Mangala Kumar For Respondent : Mr.Babu Muthu Meeran, Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed to set aside the Order passed in Crl.M.P.No.2056 of 2023 on 06.06.2023 by the learned Special Judge for TNPID Act, Chennai and set aside the same as illegal and consequently enlarge the petitioner on statutory bail under section 167 [2] Cr.P.C. in Crime No.21 of 2022 on the file of the respondent.

2. The learned counsel for the petitioner submitted that the respondent police registered a case in Crime No.21 of 2022 for the offences under sections 120[b], 409, 420 read with 109 and 34 of IPC and Section 5 of TNPID Act 1997 and Sections 21 [3], 22, 23, 24 and 25 of BUDS Act. The learned counsel for the petitioner further submitted that since the final report is not fully filed before the trial Court, the petitioner filed a petition seeking statutory bail and the same has been dismissed by the trial Court. Hence, seeks to set aside the impugned and release the petitioner on statutory bail.

3. In pursuance of the representation of the learned counsel for the petitioner, remarks has been called for from the concerned Court. The learned Judge submitted the remarks on 26.06.2023 and in the report, it is stated that final report has been filed on 17.05.2023 within 90 days and on 05.06.2023, the Investigating Officer produced the subsequent documents. It is further stated that on the date of hearing of the bail petition filed by the petitioner, the entire charge sheet and connected records have been filed.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the records.

5. The respondent police registered a case in Crime No.21 of 2022 for the offences under sections 120[b], 409, 420 read with 109 and 34 of IPC and Section 5 of TNPID Act 1997 and Sections 21 [3], 22, 23, 24 and 25 of BUDS Act. The petitioner filed a petition seeking statutory bail before the trial and the same was dismissed on the ground that the charge sheet has been filed by the respondent police. On a perusal of the report sent by the trial Court, it is noticed that on the date of deciding the bail

petition on 06.06.2023, the final report has been fully filed and it was not returned. Since the final report has been filed, the petitioner is not entitled for statutory bail.

6. Accordingly, this Criminal Revision is dismissed. 26.06.2023 Index:Yes/No vrc To

1. The Special Judge for TNPID Act, Chennai.

2. The Deputy Superintendent of Police, Economic Offence Wing-HQRS, Ashok Nagar, Chennai - 600 083.

3. The Public Prosecutor, High Court, Chennai.

V.SIVAGNANAM, J.

vrc 26.06.2023