Kabilan @ Kabilar v. State Rep By The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

This criminal original petition, which was disposed of by this Court on 29.07.2022, has been listed before this Court today i.e. 18.10.2022 under the caption "for being mentioned" at the instance of the learned Additional Public Prosecutor.

2. The learned Additional Public Prosecutor submitted that the petitioner was granted bail in Crime No.1 of 2022 on the file of the respondent/police registered for the offences under Sections 25(1)(a), 25(1)(AA), 25 (1-B)(a) of Arms Act, 1959 and Section 4(a) of Explosive Substances Act, 1908. Even before the order passed by this Court, on 22.07.2022, the Ministry of Home Affairs passed order that the matter to be investigated by National Investigation Agency. Accordingly, the National Investigation Agency, Chennai registered FIR in RC.No.33 of 2022 for the very same offences. During the investigation, the National Investigation Agency altered the offences into Section 120B of IPC r/w Section 25(1)(a), 25(1AA), 25 (1B)(a) of the Arms Act, 1959, Section 4(a) of the Explosive Substances Act, 1908 and Sections 13, 17, 18, 18-B, 20, 38, 39 of Unlawful Activities

(Prevention) Act, 1967 and Sections 121, 121A, 122 and 123 of IPC, 1860. In pursuant to the alteration report, the National Investigation Agency filed petition to re-arrest the petitioner in Crl.OP.No.25141 of 2022 before the Hon'ble Division Bench of this Court, which is now pending.

3. However, the same was not brought to the knowledge of this Court on 29.07.2022 and the offences were altered only on 08.08.2022.

4. Therefore, it is made clear that no further orders are required in this petition.

18.10.2022 lok Note: Issue order copy on 19.10.2022

G.K.ILANTHIRAIYAN, J.

lok 18.10.2022