Mathan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.26490 & 28030 of 2019 and Crl.M.P.Nos.14195 &14961 of 2019 Mathan S/o Jeevanantham No.83, MGR Nagar Nandhiyampakkam, Chennai - 600 120.
... Petitioner in both Crl.O.P's Vs.
The Inspector of Police Meenjur Police Station Chennai.
(Crime No.107 of 2018)
...Respondent in
Crl.O.P.No.26490 of 2019 The Inspector of Police Meenjur Police Station Chennai.
(Crime No.108 of 2018)
...Respondent in
Crl.O.P.No.28030 of 2019 PRAYER in Crl.O.P.No.26490 of 2019:
Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed on 09.09.2019 in C.M.P.No.3111 of 2019 by the Judicial Magistrate Court No.2, Ponneri.
PRAYER in Crl.O.P.No.28030 of 2019:
Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed on 09.09.2019 in C.M.P.No.3113 of 2019 by the Judicial Magistrate Court No.2, Ponneri.
For Petitioner : Mr.P.Muthamizh Selvakumar in both the Crl.O.P's For Respondent : Mr.S.Karthikeyan in both the Crl.O.P's Additional Public Prosecutor COMMON ORDER These petitions have been filed to set aside the orders passed on 09.09.2019 in C.M.P.Nos.3111 and 3113 of 2019 by the learned Judicial Magistrate Court No.2, Ponneri.
2.The case of the prosecution is that the petitioner herein is arrayed as A1 in both the crime nos. on the file of the respondent police. Further he was granted statutory bail by the learned Judicial Magistrate No.2, Ponneri in CMP.No.1530 of 2018 dated 18.06.2018 with certain conditions. Thereafter, the petitioner did not comply with the conditions imposed by the trial Court and also frequently visited the house of the defacto complainant and tried to threaten the witnesses. Which resulted
in law and order issue. Further the respondent police have filed the petition to cancel the bail, granted to the petitioner in both the crime nos. Accordingly, the bail granted to the petitioner was cancelled in C.M.P.Nos.3111 and 3113 of 2019 by the learned Judicial Magistrate Court No.2, Ponneri, on 09.09.2019.
3.The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and involved in so many cases. All the offences are serious in nature. Even after getting statutory bail, he visited the house of the defacto complainant and threatened the witnesses. Therefore, the respondent police have filed a petition before the learned Judicial Magistrate Court No.2, Ponneri, on 09.09.2019 for cancellation of statutory bail and the same was ordered.
4.Considering the above facts and circumstances of the case, there was a prima facie made out and as such the learned Judicial Magistrate has rightly cancelled the bail of the petitioner in both the crime nos. Since he involved in so many cases, this Court is not inclined set aside the orders in C.M.P.Nos.3111 and 3113 of 2019 dated 09.09.2019. 5.Accordingly the Criminal Original Petitions are dismissed.
However, the petitioner is at liberty to approach the concerned Court for bail, if not granted so far. Consequently connected miscellaneous petitions are closed.
08.07.2020 Index:Yes/No Internet: Yes/No Jer To 1.The Judicial Magistrate No.2 Ponneri.
2.The Inspector of Police Meenjur Police Station Chennai.
3.The Additional Public Prosecutor, High Court of Madras.
G.K.ILANTHIRAIYAN, J.
Jer Crl.O.Crl.O.P.Nos.26490 & 28030 of 2019 and Crl.M.P.Nos.14195 &14961 of 2019 08.07.2020