Mohamed Hanifa @ Thenkasi v. The Additional Superintendent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.167 of 2018 IN CRL OP(MD) No.9138 of 2017 MOHAMED HANIFA @ THENKASI HANIFA ... PETITIONER / PETITIONER Vs STATE THROUGH THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION DIVISION, C.B.C.I.D., COIMBATORE.
( IN CRIME NO. 240/2013, ON THE FILE OF THE BATLAGUNDU POLICE STATION) ... RESPONDENT / RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition totally imposed by this Honourable Court in Crl.O.P.(MD)No.9138 of 2017 dated 15.09.2017 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.M.A.JINNAH, Advocate for the petitioner and of Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition imposed in Crl.OP(MD)No.9138 of 2017, dated 15.09.2017.
2. Heard the learned counsel appearing for the petitioner.
3. The learned Government Advocate(Criminal Side) appearing for the respondent submitted that the petitioner is having three previous cases, which are similar in nature.
4. The submissions made by the learned counsel appearing on either side are considered. This case has been registered against the petitioner for the alleged offences under Sections 120(B), 153 (A), 353, 307 IPC and Section 4 and 5 of the Explosives Substance Act, 1908 (Amendment Act 54 of 2001)and Section 10 and 14 of Unlawful Activities (Prevention) Act, 1967 @ under Sections 352, 307,153(A) IPC and 16 (1) (b) of Unlawful Activities (Prevention) Act, 1967 and Sections 4(1)(i) and 4 (b)(ii) of Explosive Substances Act, 1908 in Crl.OP(M)DNo.9138 of 2017. This Court, by an order, dated 15.09.2017, directed the learned Principal Sessions Judge, https://hcservices.ecourts.gov.in/hcservices/
Dindigul to dispose the case within two months. Further, till the disposal of S.C.No.131 of 2014, the petitioner is directed to appear before the respondent police daily at 10.30 a.m and 05.30 p.m until further orders. Now, in order to comply with the orders passed by this Court, the petitioner has appeared before the Court, however, the case has not been disposed of within the period stipulated by this Court. Considering the fact that the petitioner is having three previous cases, which are all similar in nature, this court is not inclined to modify the condition. Hence, this petition is dismissed. sd/- 10/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DINDIGUL 2 THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION DIVISION, C.B.C.I.D., COIMBATORE.
ON THE FILE OF THE BATLAGUNDU POLICE STATION) 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to Mr.S.M.A.JINNAH Advocate SR.No.531 JAM/17/01/2018/CM-VR/ SAR 3 / 2p-5c
ORDER
IN CRL MP(MD) No.167 of 2018 IN CRL OP(MD) No.9138 of 2017 Date :10/01/2018 https://hcservices.ecourts.gov.in/hcservices/