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Madras High CourtCRL MP(MD)/11300/2017dismissed

Mohamed Hanifa @ Thenkasi v. The Additional Superintendent

2017-12-14Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.11300 of 2017 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 OF 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 Honorable Court in Crl.OP(MD)No.9138/2017 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.M.MURUGAN, For MR.K.ANABARASAN Government Advocate (Crl.Side) for the Respondent the court made the following order:- The petitioner filed this petition to relax the condition imposed by this Court in Crl.O.P.(MD)No.9138 of 2017 on 15.09.2017. 2.The learned counsel for the petitioner submitted that already this Court directed the trial Court to dispose the case in S.C.No.131 of 2014. Since the said case is not completed till date. Hence, the petitioner filed this petition before this Court. 3.This Court by its order dated 15.09.2017 made in Crl.O.P. (MD)No.9138 of 2017 granted bail to the petitioner imposing certain conditions in the above said order. This Court observed at paragraph 13 is as follows:

"It is also made clear that no Relaxation/Modification will be entertained by this Court, till the disposal of S.C.No.131 of 2014, pending on the file of the learned Principal District Judge, Dindigul."

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4.In view of the above, since the present petition filed by the petitioner is contrary to the above said observation, I am not inclined to interfere with the order passed by this Court. Accordingly, this petition is dismissed.

sd/- 14/12/2017 / 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 JUDICIAL MAGISTRATE,NILAKOTTAI 3 -do-to THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 4 THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION DIVISION, C.B.C.I.D., COIMBATORE, (ON THE FILE OF THE BATLAGUNDU POLICE STATION) 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RMI GJM/RR/SAR-4-20.12.2017-2P-6C

ORDER

IN CRL MP(MD) No.11300 of 2017 IN CRL OP(MD) No.9138 of 2017 Date :14/12/2017 https://hcservices.ecourts.gov.in/hcservices/