Madras High CourtCRL MP(MD)/6844/2018ordered

The Inspector Of Police v. Boomi @ Boominathan

2018-10-24Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Crl.M.P(MD)Nos.6844 and 6845 of 2018 in Crl.A.(MD)Nos.510 and 39 of 2017 STATE REP. BY THE INSPECTOR OF POLICE, C5, KARIMEDU POLICE STATION, MADURAI CITY.

PETITIONER/COMPLAINANT IN BOTH PETITIONS IN CRIME NO. 1145 OF 2012 in Crl.M.P(MD)No.6844 of 2018 in Crl.A.(MD)No.510 of 2017 IN CRIME NO. 2146 OF 2006 in Crl.M.P(MD)No.6845 of 2018 in Crl.A.(MD)No.39 of 2017 Vs BOOMI @ BOOMINATHAN ... RESPONDENT/ACCUSED IN BOTH PETITIONS Prayer in Crl.M.P(MD)No.6844 of 2018 in Crl.A.(MD)No.510 of 2017 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the appeal bail granted to the respondent /accused in Crl.MP (MD)No. 11517/2017 in Crl.A(MD)No. 510/2017 dated 20.12.2017 on the file of this Honourable Court against C.C.No. 87/2013 on the file of the II Additional Special Judge for NDPS Act Cases, Madurai, dated 11.12.2017 on the file of the Principal Sessions Judge, Madurai. Prayer in CRL MP(MD). 6845/ 2018 in in Crl.A.

(MD)No.39 of 2017 : To cancel the appeal bail granted to the respondent/accused in Crl.M.P.(MD) No.1132 of 2017 in Crl.A(MD) NO.39 of 2017 dated 07/03/2017 on the file of this Honourable Court against C.C.NO.60 of 2008 on the file of the Addl. Special Judge for NDPS Act Cases, Madurai, Dated 30/01/2017 on the file of the Principal Sessions Judge, Madurai and thus render justice.

Prayer in CRL A(MD). 510/ 2017 :

To call for the record in C.C.No.87 of 2013 relating to the Judgment dated 11.12.2017 passed by the II Additional Special Court of NDPS Act Cases, Madurai and to set aside the Judgment of the conviction on the Appellant/Accused.

Prayer in CRL A(MD). 39/ 2017 :

To call for the record in C.C.No.60 of 2008 relating to the Judgment dated 30.01.2017 passed by the II Additional Special Court of NDPS Act Cases, Madurai and to set aside the Judgment of the conviction on the Appellant/Accused.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.A.ROBINSON, Government Advocate (Crl.Side) for the Petitioner in both petitions and MR.SYED ALI, Advocate for the Respondent in Crl.M.P(MD)No.6844 of 2018 in Crl.A.(MD)No.510 of 2017 and MR.S.MUNIYANDI, Advocate for the Respondent in Crl.M.P(MD)No.6845 of 2018 in Crl.A.(MD)No.39 of 2017, the court made the following order:- The appellant herein after suspension of sentence in these appeals, has involved in a similar offence under NDPS Act. This Court finds that the appellant herein has abused the opportunity granted to him. Hence, the bail granted to the appellant in Crl.M.P. (MD) Nos.11517 and 1132 of 2017 dated 07.03.2017 and 20.12.2017 are cancelled and these petitions are allowed accordingly. The trial Court is directed to secure the appellant and commit him to prison. sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.

2 THE PRINCIPAL SESSIONS JUDGE, MADURAI.

3 THE INSPECTOR OF POLICE, C-5, KARIMEDU POLICE STATION, MADURAI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Crl.M.P(MD)Nos.6844 and 6845 of 2018 in Crl.A.(MD)Nos.510 and 39 of 2017 Date :24/10/2018 JM/PN/SAR 4/30.10.2018/3P/5C