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Madras High CourtCRL A(MD)/31/2021dismissed

Ponnarasan v. The Inspector Of Police

2025-03-03Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ponnarasan ... Petitioner Vs 1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Cr No. 1511/2020.

3.A. Prammanagayam

4. Maharaja ... Respondents PRAYER: Appeal filed under Section 14-A(2) of SC/ST (POA) Act, to cancel the bail order passed by the Learned II Additional District and Sessions Judge (FAC) Tirunelveli in Cr.M.P(MD)No. 1310 of 2020 , dated 02.12.2020.

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For Appellant : Mr.C.Mayil Vahana Rajendran For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl Side) For R3 & R4 : Mr.L.Shaji Chellan

J U D G M E N T

This Criminal Appeal is filed by the defacto complainant in Crime No.1511 of 2020, on the file of the respondent police, to cancel the bail granted to the accused, by the learned II Additional District and Sessions Judge (FAC), Tirunelveli in Cr.M.P.(MD) No.1310 of 2020, dated 02.12.2020.

2.When this application is taken up for hearing today, the learned counsel appearing for the respondents 3 & 4 submits that the case in Crime No.1511 of 2020 was referred as mistake of fact. The petitioner has also filed a protest petition before the concerned Judicial Magistrate Court and therefore, the question of cancellation of bail does not arise at this moment.

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3.Recording the aforesaid submission and on the fact that the case in Crime No.1310 of 2020 itself has been referred as ''mistake of fact'', this Criminal Appeal is dismissed with liberty to the appellant to workout his remedy in the protest petition.

03.03.2025 Index : Yes/No Internet : Yes/No vrn To 1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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B.PUGALENDHI, J., vrn Judgment made in 03.03.2025 4/4