Javid Miandad v. The Inspector Of Police

CRL OP(MD)No.2694 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 29.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.2694 of 2021 Javid Miandad ... Petitioner / Defacto Complainant Vs 1.State rep. by The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.

(Crime No.39/2021) ... 1st Respondent / Complainant 2.Pathrinath ... 2nd Respondent / Accused For Petitioner : Mr.B.Fazil Kirmani For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor for R.1 No representation for R.2 PETITION Under Sec.439(2) of Cr.P.C PRAYER :- For Cancellation of Bail in Crime No.39 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : This criminal original petition is filed by the petitioner to cancel the bail granted to the second respondent / accused by the learned Judicial Magistrate No.II, Sivakasi, in Cr.M.P.No.336 of 2021, dated 09.02.2021.

2.The grievance of the petitioner is that the accused has cheated him to the tune of Rs.29,48,350/- and he is having documents to establish the same. But those materials have not been placed before the trial Court and the trial Court has granted bail to the accused within 13 days, without any orders as to the recovery of the money from the accused.

https://hcservices.ecourts.gov.in/hcservices/ 3.On the aforesaid grounds raised by the petitioner, this Court

CRL OP(MD)No.2694 of 2021 is not inclined to cancel the bail granted to the second respondent / accused. Accordingly, this petition stands dismissed. However, considering the quantum of amount involved and that though the occurrence had taken place in the year 2019, the case was registered in the month of January, 2021, the respondent police shall expedite the investigation and shall file the final report at the earliest.

sd/- 29/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gk Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.2694 of 2021 Date :29/09/2021 SB/JC/SAR-III/06.10.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/