Suo Motu (Crl Rc) v. Aaron Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 02.07.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU SUO MOTU Crl.R.C.No.1130 of 2024 1.Aaron Kumar S/o. Jayaraman 2.State represented by The Inspectof of Police CBCID-OCU-II Police Station, Chennai.
... Respondents PRAYER: Suo Motto Criminal Revision has been filed under Section 397 r/w.401 of Cr.P.C. Praying to call for the records on the file of the XI Metropolitan Magistrate, Saidapet, Chennai passed in Crl.M.P.No.9936 of 2024, dated 10.06.2024 and set aside the same and pass further orders. For Respondents : Mr.R.Sankarasubbu for R1 : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
By order dated 28.06.2024 made in Crl.O.P.Nos.13915 & 13913 of 2024 this Court had stayed the order in Crl.M.P.No.9936 of 2024 by the learned Metropolitan Magistrate-XI, Saidapet as being in violation of provisions of Section 167 Cr.P.C.
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2. Pursuant to the direction of this Court, dated 01.07.2024, Mr.N.Vasudevan, learned Metropolitan Magistrate-XI, Saidapet is present before this Court. I had enquired him as to why such an illegality had been committed and he had submitted before this Court that the petitioners in Crl.O.P.Nos.13913 & 13915 of 2024 were present before the Court at 10.00 a.m. And that they were also directed to be remanded to judicial custody before raising for lunch and that the said process had taken some time for them to be actually remanded to judicial custody. The said explanation submitted by the learned Metropolitan Magistrate-XI, Saidapet is taken on record. As being satisfactory and also of the opinion that there is no necessity for any further proceedings.
3. Today, it is reported by the learned Metropolitan Magistrate-XI, Saidapet that the first respondent had been secured and has been remanded to judicial custody.
4. Mr. Sankarasubbu, learned counsel for the first respondent represents and would seek this Court to grant bail in exercise of powers under Section 439 Cr.P.C. which I am not inclined to. He is at liberty to file a regular bail application, if he is so adviced. Page No.2/5
5. Considering the order passed by the learned Metropolitan Magistrate-XI, Saidapet in Crl.M.P.No.9936 of 2024 in Crime No.5 of 2023 dated 10.06.2024 is in violation of section 167 Cr.P.C. and the said order is set aside.
5. Accordingly, this Suo Motu is closed.
02.07.2024 gba Index : Yes/No Speaking order : Yes/No To The Inspectof of Police, For State, CBCID-OCU-II Police Station, Chennai.
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K.KUMARESH BABU,J.
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