Madras High CourtCRL OP/24509/2024disposed of

Suresh v. The State Rep By

2024-10-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24509 of 2024 Suresh .. Petitioner Vs.

State Rep by Inspector of Police, Nallur Police Station, Tiruppur.

(Cr.No.318 of 2024) .. Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, to set aside the said return of the surety memo and direct the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore to accept the surety memo without getting NO OBJECTION from the earlier counsel to execute the surety for the bail order in C.M.P.No.2482 of 2024 by the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

For Petitioner : Mr.S.Selvakumar For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition is filed to set aside the endorsement made in the surety memo returning the application for want of No Objection from the previous counsel.

2. The learned counsel appearing for the petitioner submits that the memo of appearance in a criminal case needs No objection from the previous counsel. That apart, the previous counsel engaged by the client demanded exorbitant fees and the client has decided to change the counsel which is prerogative of the petitioner. Therefore, states that the Court below to accept the surety memo and test the surety in accordance with law.

3. Considering the facts and circumstances of this case, the Court below shall test the surety in accordance with law but shall not insist for No Objection of the previous counsel.

4. With the above direction, this Criminal Original Petition is disposed of 03.10.2024 Vv To 2/4

1. The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 2.The Inspector of Police, Nallur Police Station, Tiruppur.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.24509 of 2024 03.10.2024 4/4