The Inspector Of Police v. Venkatesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.9950 of 2017 IN CRL OP(MD) No.11721 of 2017 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI CITY, IN CRIME NO.349 OF 2017 ... PETITIONER/RESPONDENT/COMPLAINANT Vs VENKATESH ... RESPONDENT/PETITIONER/ACCUSED No.7 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to accept the affidavit filed and cancel the Bail granted by this Honourable Court in Crl.O.P.NO. 11721 of 2017, dated 05.09.2017 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.M.

ASHOKAN, Government Advocate (Crl.side), for the petitioner and of respondent not appearing either in person or by an Advocate, the court made the following order:- Mr.M.Ashokan, learned Government Advocate (Crl.Side), appearing for the petitioner is present. There is no representation for the respondent/accused, either through Counsel or through person. Earlier hearing also, there was no representation on the side of the accused. Counter was also not filed by the respondent / accused. Though sufficient time was granted to the respondent, respondent called absent today.

2.The respondent was granted Bail by this Court as per the order in Crl.O.P.(MD)No.11721 of 2017, dated 05.09.2017. The learned Government Advocate appearing for the petitioner would contend that the petitioner was released on bail by this Court in its order dated 05.09.2017, on condition that he has to appear before the learned Judicial Magistrate No.IV, Madurai, daily at 10.30 A.M., until further orders. So far, no relaxation of condition petition was filed by the accused before this Court. It is further stated that the accused was released on bail on 06.09.2017 and thereafter, he https://hcservices.ecourts.gov.in/hcservices/

did not appear before the learned Judicial Magistrate No.IV, Madurai, as directed by this Court in its order dated 05.09.2017. 3.The report received from the learned Judicial Magistrate No.IV, Madurai through learned Chief Judicial Magistrate, Madurai, would reveal that the respondent / accused No.7 appeared after issuing of summons on 16.11.2017 and thereafter. The accused did not comply the daily condition imposed by this Court, in its order dated 05.09.2017, properly. Considering the conduct of the respondent herein and also the condition imposed by this Court in its order dated 05.09.2017 and the failure of the respondent to appear before the concerned Court in-obedience of the condition imposed by this Court, this Court is inclined to cancel the bail granted by this Court. As a result, this petition is allowed and the bail granted in favour of the respondent by this Court in its order dated 05.09.2017 is cancelled.

sd/- 15/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV,MADURAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE ADDITIONALPUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI. 5 THE INSPECTOR OF POLICE, KEERAIDURAI POLICE STATION, MADURAI DISTRICT.

ORDER

IN CRL MP(MD) No.9950 of 2017 IN CRL OP(MD) No.11721 of 2017 Date :15/03/2018 SMA/RR-CSL/SAR-2/20.03.2018:2P/6c https://hcservices.ecourts.gov.in/hcservices/