Seiyadhu Aaminal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Crl.O.P(MD)Nos.3882, 3883 & 3884 of 2023
1. Seiyadhu Aaminal
2. Yasin Begum ... Petitioners/Complainants Vs
1. The Inspector of Police, ... 1st Respondent/Nil
2. V.S.Suresh ... 2nd Respondent/Accused For Petitioners: M/s.Ramalingam K, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR CANCELLATION OF BAIL Under Sec.439(2) of Cr.P.C PRAYER :- To cancel the bail granted by the learned Judicial Magistrate, Manamadurai, to R2 in STC No.8 of 2022 dated 27/1/2023. 2.CRL OP(MD). No.3883 of 2023:-
1. Seiyadhu Aaminal
2. Yasin Begum ... Petitioners/Complainants Vs 1/4
1. The Inspector of Police, ... 1st Respondent/Nil
2. V.S.Suresh ... 2nd Respondent/Accused For Petitioners: M/s.Ramalingam K C, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR CANCELLATION OF BAIL Under Sec.439(2) of Cr.P.C PRAYER :- To cancel the bail granted by the Learned Judicial Magistrate, Manamadurai, to R2 in STC No.9 of 2022 dated 27/1/2023. 3.CRL OP(MD). No.3884 of 2023:-
1. Seiyadhu Aaminal
2. Yasin Begum ... Petitioners/Complainants Vs
1. The Inspector of Police,
2. V.S.Suresh ... 2nd Respondent/Accused For Petitioner : M/s.Ramalingam K C, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR CANCELLATION OF BAIL Under Sec.439(2) of Cr.P.C PRAYER :- To cancel the bail granted by the learned Judicial Magistrate, Manamadurai (I/C) to R2 in STC No.10 of 2022 dated 7/1/2023. 2/4
COMMON ORDER : The Court made the following common order :- These Criminal Original Petitions have been filed to cancel the bail granted to the second respondent in STC Nos.8, 9 and 10 of 2022, dated 27.01.2023, by the learned Judicial Magistrate, Manamadurai.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. It is seen that the petitioners are the complainants in the proceedings initiated under Section 138 of the Negotiable Instruments Act. On receipt of the summons, the second respondent herein failed to appear before the trial Court and as such, the trial Court issued bailable warrant. However, the petitioners approached this Court in Crl.O.P(MD)Nos.17611, 17612 and 17613 of 2022 for execution of Non-Bailable Warrant, as if issued by the trial Court. Therefore, this Court directed the concerned jurisdictional police to execute the Non-Bailable Warrant. On production of the second respondent, the trial Court was directed to cancel the bail and may be detained in prison till the trial is completed.
4.On perusal of the records revealed that the trial Court issued only bailable warrant as against the second respondent. Therefore, the court below rightly granted bail to the second respondent and this Court finds no ground to cancel the bail granted to the second respondent. Hence, this Criminal Original Petitions are dismissed. However, the trial Court is directed to complete the trial within a period of six weeks from the date of receipt of a copy of this order.
sd/- 15/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PS TO
1. The Judicial Magistrate, Manamadurai.
2. Do through the Chief Judicial Magistrate, 3/4
3. The Inspector of Police,
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to
1. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
2. The Additional Registrar General, Madurai Bench of Madras High Court, Madurai.
ORDER
IN Crl.O.P(MD)Nos.3882, 3883 & 3884 of 2023 Date : 15/03/2023 NA/BUC/SAR-2/21.03.2023/4P/7C 4/4