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Madras High CourtCRL OP(MD)/10748/2020dismissed

Avinashparameshwar Nayak v. The Inspector Of Police

2020-11-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.10748 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (CRIMINAL ORIGINAL JURISDICTION) MONDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). NO.10748 OF 2020 Avinashparameshwar Nayak S/o Parameshwar Nayak Authorized Person For Mangaloor Ganesh Beedi, Plot.No. 70 D.No. 25 DSP Nagar, 6th Street, Byepass Road, Madurai 625 016

...Petitioner/Defacto complainant

Vs 1 State Rep.by The Inspector of Police, Melur Police Station, Melur, Madurai District (Crime No. 1896 of 2020) 2 Mohamed Thasthaheer, S/o Moahamed Rabi, Karisalpatti, Pulithipatti, Thirupathur Taluk, Sivagangai District

...Respondent/Petitioner

Prayer :- Criminal Original Petition is filed under section 439(2) of Criminal Procedure Code, praying this Hon'ble Court to cancel the bail granted to the 2nd respondent by the learned judicial Magistrate, Melur in CRL.MP.No.746 of 2020 dated 12.09.2020. ORDER:- Criminal Original Petition coming up for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.Radhi Sathish, Advocate for the Petitioner and of Mr.K.R.Bharathi Kannan, Government Advocate (Criminal side) On Behalf of the 1st Respondent, this Court made the following order:

This petition has been filed to cancel the bail granted to the second respondent herein/accused by the learned Judicial Magistrate, Melur, Madurai District, in Crl.MP. No.746 of 2020, dated 12.09.2020.

2. It is seen from the records that the learned Judicial Magistrate, Melur, Madurai District has granted bail to the second respondent/accused, namely; Mohamed Thasthaheer S/o.Mohamed Rabi in Crl.M.P. No.746 of 2020, dated 12.09.2020 in Crime No.1896 of 2020 on the file of the Inspector of Police, Melur Police Station, Madurai District, registered for the offences under Sections 420, 486 of IPC., and Section 7(1), 24(1) Cigarette and other Tobacco https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10748 of 2020 Products Act, 2003 and 51(b)(i) of Copy Right Act, 1957 and 328 of IPC., in which the offence under Section 328 of IPC is triable only by the Court of Sessions.

3. Registry is directed to call for report from the learned Judicial Magistrate, Melur, Madurai District, in respect of bail granted to the second respondent herein/accused,, in Crl.M.P. No.746 of 2020, dated 12.09.2020, on or before 29.11.2020, thorough fax.

4. Post the matter on 30.11.2020.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Judicial magisatrate, Melur, Madurai District.

2 The Chief Judicial Magistrate, Madurai.

3 The Inspector of Police, Melur Police Station, Melur, Madurai District. 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 23/11/2020 ==========================

ORDER

========================== CRL OP(MD). No.10748 of 2020 Giving direction and etc.

as stated within.

NR (26/11/2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2